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(영문) 서울동부지방법원 2016.07.21 2015고단3552
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating the “E” in Songpa-gu Seoul Metropolitan Government D 101, and the victim F (n, 22 years of age) is an employee working in the above E.

1. On June 23, 2015, the Defendant committed a crime on June 23, 2015: (a) around 12:30 on June 23, 2015, the Defendant used the victim’s head by hand from the “E” to use the victim’s head; and (b) committed an indecent act by forcing the victim to use the body in a canter with both arms.

2. On June 24, 2015, around 09:00 on June 24, 2015, the Defendant committed an indecent act by forcing the victim to commit an indecent act by inducing the body of the victim by using the arms and legs after the victim, etc. who takes part in a simple bed in a simple bed at the above place, and by taking the victim’s sexual organ into her macks.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the police with respect to F;

1. Application of investigation reports (victims and letters sent to suspects), and application of statutes to investigation reports (on-site investigation);

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Crimes No. 1 in the sentencing guidelines [the scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple offenses (six months to two years) in the basic area (six months to two years) (the scope of the recommended punishment) (the person subject to special sentencing)] that there is no basic area (the person subject to special sentencing] of the first type (the scope of the recommended punishment) and the basic area (six months to two years) of the crime subject to compulsory indecent act (the person subject to special sentencing) (the person subject to special sentencing).

2. The fact that the accused commits an indecent act against the victim who is an employee under the direction and supervision of the sentence of sentence, the fact that the victim's mental harm is not significant, and that the accused is not able to find out his opening of the sentence is disadvantageous to the accused: Provided, That the degree of each indecent act in this case, the fact that there is no previous conviction in the same kind, and other accused's age, occupation, sex;

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