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(영문) 서울서부지방법원 2020.01.15 2019고단3071
강제추행
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

Around 02:00 on May 18, 2018, the Defendant stopped on the road in front of the “C” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, put kis on the victim E (the victim E (the victim 32 years of age), who was under the influence of alcohol within the D car owned by the Defendant, and the victim after the locking, "I am the victim "I am", sound, and w am the victim's body, divided the victim into the victim's body, suppressions the victim's resistance, putting the victim's left chest into the inside, and commits an indecent act by coercioning the victim as soon as possible by entering the port.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness by the prosecution against E (tentative name) - One time in the form of door-to-door;

1. Each police protocol of statement of E;

1. Investigation report (on-site CCTV-related);

1. Application of Acts and subordinate statutes requesting appraisal;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. 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. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(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 form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

3. Determination of sentence: The sentence shall be determined as ordered in comprehensive consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

Unfavorable circumstances: Indecent conduct in this case.

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