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(영문) 수원지방법원 2016.06.23 2016고단984

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant from June 2015 to the same year.

7. On June 16, the above apartment management office staff of the victim D(Woo, 36 years of age) in the sphere of the body of the victim D(Woo), which was located in the area of Suwon-si, Suwon-si, the day between the police and the police, completed the victim's bathing room repair, and committed an indecent act against the victim by spreading the victim's shoulder with his/her own hand, while he/she returned to the victim's room repair.

2. On December 23, 2015, around 09:50, the Defendant committed an indecent act against the victim on his/her own hand after completing repair of the victim’s house mold before the victim’s directors on the said apartment building’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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. Application of the sentencing criteria;

(a) No 1 crime (the scope of recommended punishment) is the basic area (6 months to 2 years) (the basic area (the person subject to special sentencing) of the first type of indecent act (the person subject to 13 years or more) under the general standard;

B. Class 2 Crimes [Scope of Recommendation] No basic area (6 months-2 years-2 years-2) (a person subject to special sentencing) of Class 1 (General Indecent Acts) is applicable to the crime of indecent act by force (subject to above 13 years-2) under the general standard

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to three years;

2. Determination of sentence: (a) Although there are unfavorable circumstances, such as that the defendant committed an indecent act on two occasions and is disadvantageous to the nature of the crime; (b) the defendant has agreed with the victim or has no effort to recover from damage; (c) there are circumstances to consider the defendant’s mistake in depth; and (d) there are no criminal records other than the punishment imposed three times by the fine of this kind; and (c) the defendant’s age, sex, environment;