beta
(영문) 청주지방법원 2018.04.18 2017고단2684

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 2016, the Defendant, at around 23:00, tried to commit an indecent act repeatedly by force against the victim C (a name, female, 37 years of age) who was unilaterally engaged in an appraisal of the Defendant’s workplace rent interest with the victim C (a name, female, 37 years of age) where the Defendant unilaterally engaged in an appraisal. However, the Defendant attempted to commit an indecent act repeatedly against the victim by force after taking the victim’s hand against the victim’s hand, but did not commit an attempted act by force on the part of the victim, at the wind of the Defendant’s resistance.

2. On August 25, 2016, at around 22:00 on August 25, 2016, the Defendant committed an indecent act by force on the part of the victim, including: (a) the victim’s knife the knife, knife the victim’s knife, knife the victim’s knife; (b) the victim’s knife, knife the victim’s face; and

3. On August 29, 2016, around 22:00, the Defendant committed an indecent act by force on the part of the victim, such as cutting off the victim’s ropes, cutting off the victim’s ropes, sprinking him/her into the victim’s entrance, cutting off his/her fingers into the victim’s seat, cutting off the victim’s hand into the victim’s hand, knife him/her into the victim’s hand, taking the victim’s hand into his/her part, and deceiving the victim’s part with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning facts constituting an offense, Articles 298 and 300 of the Criminal Act (the point of compulsory indecent act), and the choice of imprisonment with prison labor;

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. The reason for sentencing of Article 62-2 of the Criminal Act, including the Defendant’s refusal to do so through several times as stated in the facts constituting a crime, is that the nature of the crime is not good, and that there was no agreement with the victim, and that the victim seems to have suffered mental suffering due to the Defendant. However, there are unfavorable circumstances, such as the Defendant’s refusal to do so.