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(영문) 서울동부지방법원 2016.03.25 2015고단3551
준강제추행
Text

A defendant shall be punished by imprisonment for six 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

On August 6, 2015, around 07:30, the Defendant discovered the victim D (e.g., aged 24) who was locked by being accumulated in the three-story film viewing room in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at around August 6, 2015.

The defendant, regardless of whether he was the victim's hand, laid the victim's hand into the seat of the defendant, brought the victim's sexual organ into the seat of the defendant, brought the defendant's sexual organ into the seat of the defendant, brought the victim's hand into the seat of the defendant, and brought the victim's sexual organ into the custody of the defendant's hand

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of damaged place;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The basic area (six months to two years) of the sentencing criteria [the scope of recommended punishment] general standards is the crime of indecent act by force (subject to at least 13 years of age) and the basic area (any person who is subject to special sentencing) of the category 1 (the general indecent act by force);

2. Circumstances disadvantageous to the decision of sentence: The personal information of the defendant under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where the judgment of conviction is finalized, considering all the conditions of sentencing as stated in the records, such as the defendant's age, occupation, sex behavior, family relationship, etc., and all the conditions of punishment as stated in the decision that the crime in this case was a sex offense subject to registration and submission of personal information, where the judgment of conviction is finalized after considering the fact that the crime in this case was committed by taking advantage of the state of the victim's self-determination, and the degree of such indecent act, etc., in light of the degree, etc. of the indecent act committed by the victim.

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