logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.16 2017고단1508
강제추행등
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

Criminal facts

On January 7, 2016, while the Defendant was in a relationship with the victim B (B, 25 years old), the Defendant got the victim on the day of assault, but continued to contact with the victim on the day of the incident, and the Defendant found the victim’s residence on the day of the incident.

1. On July 26, 2016, the Defendant, refusing to leave, found the victim’s residence located in Yeongdeungpo-gu C Underground B02 around 18:00, and then divided the last storys before leaving China.

In addition, the door has been kept open and slick, and the victim did not comply with the request from the injured party during the process of dividing the conversation with the victim by opening a door, and then, the victim should report.

Even after hearing the word "," the word " does not go to this end."

“” and “the victim did not leave the victim’s residence.”

As above, the defendant refused to comply with the victim's request for withdrawal without justifiable reasons in the victim's residence.

2. In the same time and place as mentioned in the preceding paragraph, the Defendant forced indecent act: (a) took the victim’s left hand by hand while leaving the victim’s residence; (b) took the victim’s left hand; (c) took the victim’s hand; and (d) took the victim’s chest on his/her hand; and (c) took the victim’s chest by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the prosecutor's statement protocol B to the prosecution;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Article 319 (2) and Article 319 (1) of the Criminal Act (the point of refusing to withdraw, and the choice of imprisonment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

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. The sentencing criteria shall be based on;

arrow