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(영문) 서울서부지방법원 2017.11.02 2017고합174
추행약취등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 9, 2017, the Defendant: (a) discovered the victim I (the victim I, 18 years old) who was frighted and went unsatched by drinking the Defendant’s vehicle on the road in front of Mapo-gu Seoul, Seoul; (b) discovered the victim’s vehicle while driving the Defendant’s vehicle on the road; and (c) fright the victim to go to the “J” restaurant in Mapo-gu, Seoul, where the Defendant operates; and (d) frighted the victim to commit an indecent act; (c) laid the victim on the said vehicle and fright the victim to the said J.

Accordingly, the defendant kidnapped the victim who is suffering from mental or physical loss or resistance for the purpose of committing an indecent act.

2. A quasi-indecent act: (a) around March 9, 2017, the Defendant forcedly committed an indecent act on the part of the victim, who was in a so-called “J” restaurant, committed an indecent act by force against the victim, who was in a so-called “J” restaurant, by taking the panty of the victim, who was under the influence of alcohol, and by placing him/her into his/her arms and her ear with his/her ear and ear, or by committing any other unlawful act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Investigation reports (verification of CCTV images near the site) and investigation reports (verification of CCTVs);

1. Application of Acts and subordinate statutes to an investigation report (the result of a request for genetic appraisal), a gene appraisal report, and a legal chemical appraisal report;

1. Relevant provisions of the Criminal Act and Article 288 (1) of the Criminal Act (the purpose of kidnapping is to commit an indecent act), Articles 299 and 298 of the Criminal Act (the point of forceful indecent act and the choice of imprisonment);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed with no further punishment) for concurrent crimes;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment for sex crimes before committing the instant crime, and the Defendant’s recidivism is prevented to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault.

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