beta
(영문) 수원지방법원 성남지원 2017.02.03 2016고단3257

강제추행등

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

Punishment of the crime

1. 강제 추행 피고인은 2016. 9. 21. 21:50 경 경기도 성남시 중원구 C에 있는 D 약국 앞 길에서, 피해자 E( 여, 42세) 이 서 있는 뒷모습을 보고 피해자에게 다가가 오른쪽 엉덩이를 손으로 툭 치고, “ 야, 잘 있었니

“A indecent act was committed by force against her son while stating her mar.”

2. The Defendant assaulted the victim F, who was the husband of the above E, by forcing the above E to commit an indecent act as stated in Paragraph 1, at the time, place, and as described in Paragraph 1, and escaped, and assaulted the victim F, who was the husband of the above E, by taking the face of the victim himself and the chest into drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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, 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of category 1 (sex crime) [the scope of the recommended punishment] and the scope of the final sentencing due to the aggravated punishment for which there is no person in the basic area (including six months to two years) [the scope of the recommended punishment] of the crimes of Category 2 (Assault) [the scope of the recommended punishment] of the basic area (two months to ten months) of the crimes of compulsory indecent conduct (the persons subject to 13 years or more] (the persons subject to 13 years or more] of the basic area (the scope of the recommended punishment] of the crimes of Category 1 (general assault) and (the scope of the recommended punishment] of the basic area (two months to ten months): June 6 to May;

2. Each of the crimes of this case committed by the Defendant, who committed an indecent act against the victim E, and committed an assault against the victim F, who is her husband, is not easy for the case, and is not agreed with the victims, is disadvantageous to the Defendant.

However, when the defendant comes to this law, it is recognized that the crime is committed, it is the primary crime, and it leads to each of the crimes in this case by drinking.