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(영문) 전주지방법원 정읍지원 2018.07.24 2018고단133

모욕등

Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2017, the Defendant: (a) instructed the victim D (29 years of age) to put the victim on the side of the Defendant, which he/she was placed in the room in operation of the Suwon Detention House, around June 2017; (b) prevented the victim from driving on his/her arms; (c) put him/her in hand with his/her clothes; and (d) forced him/her to commit an indecent act by force, taking the part of his/her chest into several parts of the victim’s clothes.

2. On June 2017, following the crime of the second crime committed on or around the same month, whether the Defendant is faced with the Defendant or considered to have a bath at the same place in the same month after committing the crime of the said paragraph (1)

I directed the victim to sit on the floor of the victim so that he can sit on the defendant, and let the victim fright to sit on the defendant in accordance with the direction, so that the victim's macks the victim on the part of the defendant's sexual flag in contact with the part of the defendant's sexual flag, the victim's indecent act was forced.

3. On July 2017, 2017, whether the Defendant would face the Defendant, or hear the bathing, at around July 2017, at around paragraph (1) and at the place of the crime.

We directed the victim who is able to be saved to save the defendant, and let the victim saved with the save to save the defendant according to the direction so that the victim saved committed an indecent act by force on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Police statements made to E and F;

1. Application of Gutical Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. Article 62 (1) of the Criminal Act for community service;

1. When a conviction on a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant becomes a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.