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(영문) 인천지방법원 부천지원 2018.02.07 2017고단2218

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

[2017 Highest 2218] The Defendant, on June 18, 2017, 205:00 around Kimpo-si, Kimpo-si, Da, was able to come up on the side of the victim F while making a drinking by his/her hand while he/she was sitting up on the part of the victim F, and she was her chest by inserting his/her hand. The Defendant was her finger by inserting both descendants into the winter of the victim.

Accordingly, the defendant committed an indecent act against the victim.

[2017 Highest 2946] On October 14, 2017, the Defendant, while under the influence of around 05:27, without obtaining a driver’s license for a motor vehicle, driven a vehicle with approximately 400 meters of alcohol level 0.07% of alcohol level in blood, and drive a vehicle with G rocketing G string up to the long distance in the same road after he/she was in Kimpo-si, Kimpo-si, and then in the same road.

Summary of Evidence

[2017 Highest 2218]

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I;

1. 112 Reported case handling table and photographs [2017 Highest 2946];

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the results of regulating the driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, application of Acts and subordinate statutes to the license ledger;

1. Article 298 of the Criminal Act applicable to the crime; Article 148-2 subparagraph 3 of the Road Traffic Act; Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1 of the Road Traffic Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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 suspended execution;

1. The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing, such as the protection and observation, community service order, community service order, Article 62-2 of the Criminal Act, Articles 2 through 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the degree of alcohol during blood transfusion, driving distance, age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, etc.:

- Drinking driving is in need of strict punishment as it is highly dangerous and social harm is considerable.

The defendant on June 17, 2016.