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(영문) 서울서부지방법원 2020.09.23 2020고단2551
강제추행등
Text

A defendant shall be punished by imprisonment for six 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 victim B(25) is a person who operates the main points of “D” in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, and the victim E(n, 25 years of age) is a female-friendly Gu in the above B.

1. At around 03:00 on April 7, 2020, the Defendant committed an indecent act by compulsion by force against the victim E, who drinks alcohol at the above main point and takes the victim E’s left side knife in the locker by hand. “Secondary knife” means “Second knife”, and the victim’s arms are towed by hand, and intending to fit the victim with the wall.

2. In the same date and time as in paragraph (1), at a place as in paragraph (1), the injured Defendant: (a) “spaws and spaws” means “spaws and spaws” to the victim B, who prevents the Defendant from committing an indecent act, and (b) asked the victim’s right side, such as the victim’s right side on two occasions; and (c) removed the victim by asking the victim’s spaws and spaws on two occasions; (d)

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police on E and B (on-site inspection of the place of criminal conduct);

1. Application of Acts and subordinate statutes of a photograph of damage (B) and a written diagnosis of injury;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 257 (1) of the Criminal Act and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed for the crime of grave indecent act by compulsion);

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

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Scope of punishment by law: Imprisonment with prison labor 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 type] general indecent act by compulsion (the person under special custody): In cases where the degree of indecent act by compulsion is weak, the amount of punishment not to be imposed [the recommended field and the scope of recommendations] special mitigation area, imprisonment with prison labor for one month or more;

(b) the second offence (injury).

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