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(영문) 서울서부지방법원 2017.03.03 2016고단1106
강제추행
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence 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 February 2016, the Defendant 10:00 on February 2, 2016, in the radiation and treatment room of the “D Hospital” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, considered the shoulder of the victim E (the age of 19) as both arms, kis, kis, and forced the victim to kis, thereby committing an indecent act.

2. On February 16, 2016, at around 10:00, the Defendant used the radiation line and the treatment room of the pertinent D Hospital in a two arms back of the victim. The Defendant committed an indecent act by force against the victim on two occasions in front of the victim, leaving the victim’s body flabing.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. The E’s investigative agency and legal statement of the victim of the police’s statement protocol against E can be sufficiently recognized in light of the following: (a) the consistency, logic, and accuracy of the document; (b) the part of memory; (c) the time lapse and the part of memory; (d) changes in the reputation of the statement; (c) whether the statement conforms to the social norms; and (d) the attitude of the statement in the court; and (e) the above evidence can be comprehensively acknowledged

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The sentencing guidelines recommended: Imprisonment with prison labor for not more than one year and six months;

(a) Where the exercise of tangible force (one month to one year) in the mitigation area (one year from one year) is considerably weak for the crime of indecent conduct by force (subject to at least 13 years of age) based on the general standard of crime No. 1 [the scope of recommended punishment];

B. Where the exercise of force (one month to one year) in the mitigation area (one year to one year) is considerably weak for the crime of indecent conduct committed by force (subject to more than 13 years) based on the general standard of crime No. 2 [the scope of recommended punishment], the final sentence scope according to the increase in multiple crimes:

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