logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.05.30 2014고합60
준강제추행
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

On November 29, 2013, the Defendant: (a) on November 29, 2013, on the seat of the 13th seat in the KTX 13th seat in the city of Busan and was in Busan; (b) on around 13:10, the Defendant: (c) on the 12A seat that was seated next to the Defendant when he got in the vicinity of the discharge to the city, and (d) on the 12A seat that was seated by the Defendant, and (e) on the 13:10s, the Defendant met the victim’s left side buckbucks.

Therefore, the victim's kicker and the defendant discontinued the indecent act of the defendant's hand, but around 13:30, the victim reconcepted the victim's left bucks by her hand, her hand in depth into the bucker, and only her sexual organ around the victim's sexual organ. Furthermore, the knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick.

Accordingly, the Defendant committed an indecent act against the victim by using the victim’s potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (related to autopsy and the state of suspect's oral statement);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 16(2) main sentence, (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, Etc. [the scope of applicable sentences] sexual crimes, general standards, the crime of indecent act by force (subject to the age of 13 or more), Type 1 [the scope of recommended sentences] serious reflects [the scope of punishment] [the punishment for one month to one year [the scope of recommended sentences] [the grounds for suspended sentence] 1 month to one year [the grounds for suspended sentence] , there are no criminal records above the suspended sentence, there are no criminal records above the suspended sentence, social relation, clear and serious reflects [the grounds for suspended sentence].

arrow