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(영문) 인천지방법원 부천지원 2016.08.10 2016고단1143

강제추행등

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. On December 17, 2015, at around 05:40 on December 17, 2015, the Defendant, who was forced to commit an indecent act, was seated on the side of the victim D (at the age of 36) who was seated in the C cafeteria located in Jung-gu Seoul Metropolitan Government, and was seated on the side of the victim D (at the age of 36), and committed an indecent act by force by taking the head of the Defendant on the left bucks of the victim.

2. The Defendant committed assault, at the above date and place, on the victim’s left side buckbucks, by taking the head of the Defendant’s head on the victim’s left side, and committing assaulting the victim’s left side buck, such as neglecting the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of video-related Acts and subordinate statutes to images of damaged body photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

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

1. Reasons for sentencing under Article 16 (2) through (4) of the Act on Special Cases concerning the Protection and observation, community service, the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The scope of the recommended punishment only for the first-class crime (sex crime) [the scope of the recommended punishment] which is the general standard for the crime of indecent conduct committed by force (subject to 13 years or more) and the scope of the final sentence due to the aggravation of multiple offenses for which there is no basic area (two months or more to 10 months) (the scope of the recommended punishment] (the scope of violence) of the basic area (two months or more) of the first-class assault crime (the person subject to special sentencing) (the person subject to special sentencing) of the mitigated punishment area (one month to 1 year): February to May;

2. Circumstances favorable to the determination of sentence: The Defendant’s confession of the instant crime, appears to have been repented of his mistake, began to endeavor not to repeat the crime, such as receiving a mental therapy, etc., and his family members have a favorable relation (see, e.g., the results of the judgment before the judgment regarding the protective observation office): The instant crime was committed under the influence of alcohol.