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(영문) 의정부지방법원 2014.07.07 2014고단1625

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 02:00 on May 16, 2014 to 04:0 on the same day, the Defendant dumped together with the above E, which is the operator of the clothing shopping mall he works for the Defendant, at the long-term entertainment room in Nam-gu Incheon Metropolitan City C and 105 (D). From around 02:00 on May 16, 2014, the Defendant dumpeded with the above E, which was the operator of the clothing shopping mall that the Defendant dumped with the above E, and caused the Defendant and the above E to feel hump.

Accordingly, the Defendant: (a) laid the finger in a state where the said E and the said victim met, knife the breast, boomed the breast, boomed the breast, kniff by her mouth; (b) cut off the part of the victim; (c) laid the part of the victim’s finger; (d) laid the part of the victim’s finger; (c) laid the part of the victim’s finger into the part of the victim; (d) laid the part of the victim’s finger; and (e) laid the part of the victim’s finger into the part of the victim; and (e) laid the part of the victim’s sexual organ into the part of the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for the sentencing of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Determination of the Punishment of Sexual Crimes] and the grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The first type of the crime of indecent act by force (the crime of 13 years of age or older): The mitigated element [Specially In] mitigated element of punishment [the scope of the recommended range] [the scope of the recommendation range] one month or one year [the general person] mitigated element of mitigation: The serious reflect [whether or not a suspended sentence of imprisonment] - The main reason for the main reason for a suspended sentence of punishment - The reason for a suspended sentence of punishment is not positive: A reflect [decision of the sentence] that there is no positive previous conviction, and imprisonment with labor