logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.04.27 2018고단616
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 05:30 on November 16, 2017, the Defendant committed an indecent act by force against the victims by putting his hand into the victim’s own clothes and her chests while playing in singing together with the victim F (24 years old), the victim G (22 years old), and H, which are the Defendant’s seat, at around 05:30 on the same day, the Defendant committed an indecent act by force against the victims by putting his finger and her fingers into the victim’s own clothes, continuously putting his fingers into the victim’s clothes and her fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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 stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

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. Grounds for sentencing under Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on the Observation, etc. of Protection of Sexual Crimes;

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

(a) No 1 crime (the scope of recommended punishment) is the basic area (6 months to 2 years) (the basic area (the person subject to special sentencing) of the first type of indecent act (the person subject to 13 years or more) under the general standard;

(b) Class 2 Crimes [Scope of Recommendation] General Standard : 6 months-3 years-2 years-3 years-2

1. Circumstances unfavorable to the decision of sentence: The defendant has a history of punishment for the suspension of execution for the same kind of crime, circumstances that are favorable to that of the defendant: Agreement with the victims; the confession of the crime; the defendant's age, sex, intelligence and environment; relationship with victims; motive, means and consequence of the crime; and the circumstances after the crime, etc. are all prescribed in Article 51 of the Criminal Act.

arrow