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(영문) 광주지방법원 2020.08.26 2020고단2485
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant was up to the customer of the "D" in Seo-gu, Seo-gu, Seoul, operated by the victim B (n, 54 years of age) and was aware of it with the victim.

1. On February 16, 2020, the Defendant, at the above D around 10:04, attempted to commit an indecent act against the victim who sits in the table, while drinking alcohol with the victim, and made the victim's chests fit with the victim, and took three to four times the victim's chests.

2. On the same day, at around 11:57, the Defendant: (a) 11:57 on the same day, the Defendant committed indecent acts by compulsion of the victim, such as: (b) the victim’s mind that the victim is moving to the bed of the bed; (c) the victim was aware of the victim’s body; (d) the victim’s body was refused; (e) the victim’s body was lying on the bed; (e) the victim’s body was lying on the bed; (e) the victim’

Summary of Evidence

1. Defendant's legal statement;

1. The first and second police statements concerning B;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (the details of analysis, such as ct motion images, etc. submitted by a public defender);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for the crimes of Class I (determination of type) and sex crimes;

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion (the person under special appearance]: The mitigated area of punishment (the area of recommendation and the scope of recommended punishment), the mitigated area of punishment, one month to one year;

(b) General standards for the crimes of Type II (determination of types).

B. The crime of indecent act by compulsion (the 13 years of age or older) is [the 1st type] general indecent act by compulsion (the special form of a person): the recommended range of punishment for the reduction.

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