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(영문) 수원지방법원 안산지원 2016.05.18 2016고단1084

강제추행

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The Defendant became aware of the victim B (the age of 45) from the ‘D' located in the Dong-gu, Ansan-si on the day of the incident.

After the defendant became aware of the victim through stalking, the defendant became aware of the victim, and put the country into singing.

At around 05:40 on January 3, 2016, the Defendant: (a) committed an indecent act in reporting the victim who sits in a room room with other singing sings at the 3rd floor located in the Dong-gu E Building in Ansan-si; (b) was placed on the victim’s floor by laying the victim’s singing away from the victim’s appearance on the room; and (c) putting the victim’s singing away on the part of the victim; and (d) putting the victim’s hand on the part of the victim’s seat; and (d) putting the victim’s hand on the part of the victim’s convenience.

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. The defendant's partial statement (the defendant's statement is without merit in light of the victim's consistent and specific statement, etc. consistent with the facts constituting the crime, although he/she argues that he/she does not have any relation to another victim on board the victim's ship after putting him/her on the ground that the victim's appearance is cut down on the wall of the room;

1. Statement made by the police against B;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. Scope of the recommended sentencing guidelines under Article 62 (1) of the Criminal Act (limited to cases where the defendant has been sentenced to imprisonment for a period of not less than 13 years) (limited to cases where the defendant has been sentenced to imprisonment for a period of not less than 13 years), the mitigated area of imprisonment for a period of not less than 1 year, and the mitigated area (limited to cases where the defendant has been subject to special mitigation) for a crime of indecent act by force under the general standards) under Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend a school is issued;

1. Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure and notification of personal information;