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(영문) 전주지방법원 2017.02.24 2016고단2411

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant works in the same workplace as the victim C (the family name, the female, the age of 23). The defendant has a spouse, but the defendant has a hosium as the victim's gender.

1. On May 31, 2016, the Defendant forced indecent act: (a) around 00:00, the Defendant attempted to set up in the E next coffee parking lot, the residence of the victim in Yansan-gu, E, and attempted to set the victim’s hand knife and knife with the knife of the knife with the knife of the knife with the knife with the knife of the knife with the knife, but rejected the knife with the knife of the knife; and (b) committed indecent act by force against the knife with the knife by the knife of the knife.

2. After around 01:00 on May 31, 2016, the Defendant infringed upon the residence of the victim, the Defendant: (a) divided the first class of the E building in front of the victim’s residence; (b) but the victim did not open the door; (c) went through a bera window installed on the outer wall of the building to the third floor, and went into the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to C (tentative name);

1. Statement made by the police with regard to C (tentative name);

1. Complaint;

1. Application of Acts and subordinate statutes to reports on internal investigation;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (3) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Review of the sentencing criteria;

A. Forced indecent conduct (the scope of recommended punishment) is a general standard, which is a crime of indecent conduct by force (the target of at least 13 years).