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(영문) 광주지방법원 순천지원 2016.06.16 2016고합56

강제추행치상

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant, at around 01:00, 01: (a) was frighted on the way before the police box in front of the old E police box located in Da, the Defendant discovered the victim F (n, 50 years of age); (b) was at the entrance of G apartment at the time when the victim was coming back, and was at the entrance of G at the time when the victim was in order to keep the victim out of the Defendant, the Defendant was flick at the part of the victim’s sexual organ; and (c) was flick in the part of the victim’s her her senth in order to keep the victim out of the Defendant; and (d) had the victim go beyond the floor in the process of physical cutting, the Defendant sustained the victim’s bodily injury, such as a sprinking sprink, etc.,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Photographs and diagnosis report of the victim;

1. Application of evidence screening law to the scene of the case

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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, etc. of Protection and Order to attend lectures or community service orders;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of punishment [the scope of the recommended punishment] [the scope of the punishment] according to the sentencing guidelines and the scope of the final sentence according to the standards for multiple crimes committed in 2 years and 4 years [the standards for handling multiple crimes and the scope of the final sentence according to the applicable sentences].