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(영문) 서울남부지방법원 2017.10.20 2017고합416
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2017, around 01:30, the Defendant found the victim E (the age 32) who was walking his/her place in the Yeongdeungpo-gu Seoul Metropolitan Government D market, and committed an indecent act by force against the victim by his/her hand on his/her left chest by committing an indecent act against the female.

2. On July 4, 2017, the Defendant: (a) committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act by force against intrusion on residence) committed an indecent act by force on the part of the victim’s left chest by leaving the victim’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, by discovering the victim’s door from the front door stairs of the entrance in order to commit an indecent act against the said female; (b) going to the door through the entrance of the entrance; and (c) going to the victim’s face on his hand; and (d) let the victim resist with his/her arms while leaving his/her arms against him/her; and (d) let the victim resist against him/her, the Defendant committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of H, E, G, and I;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense (the point of compulsory indecent act, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act (the point of compulsory indecent act by intrusion upon residence, and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Indecent Acts by force on

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. 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 a lecture;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to twenty years;

2. Scope of the recommended punishment based on the sentencing criteria: Imprisonment with prison labor for a period of two years and six months, which shall be modified by the lower limit of the applicable sentencing standards; or

3 years and six months;

(a) 1 offence;

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