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(영문) 전주지방법원 정읍지원 2018.05.01 2017고단445

준강제추행등

Text

The punishment of the accused shall be set forth in six months.

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. Between 06:00 to 07:00 on January 21, 2017, the Defendant: (a) discovered the appearance of the victim D (the victim, the age of 23) under the influence of alcohol between 106 and 07:00 in Seo-gu, Seo-gu, Gwangju; (b) laid down the body of the victim; and (c) caused the victim to commit an indecent act by taking advantage of the victim’s resistance impossible condition.

2. The Defendant attempted to forcibly commit an indecent act at the time and place set forth in paragraph (1) above, and in accordance with the indecent act described in paragraph (1), the Defendant attempted to force the victim to take the strings of the shoulderer in diving and to sustain the boom in a canter. However, the Defendant attempted to commit an indecent act by forcing the victim to commit an indecent act by getting the victim into and out of the canter. However, the Defendant attempted to commit an indecent act by getting the victim out of the 1 to 2 minutes

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning E;

1. Relevant legal provisions concerning criminal facts, Articles 299, 298 (a quasi-indecent act committed) of the Criminal Act, Articles 298 and 300 (a quasi-indecent act committed) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with the punishment prescribed for an indecent act of heavier enforcement) for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. If a conviction on the crime committed in the judgment of the court below, which held that Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is to be registered and submitted, becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related

Reasons for sentencing

1. Application of the sentencing criteria;

A. Crimes Nos. 1 and 2 [Scope of Recommendation] No. 1 and 2 basic area (6 months to 2 years) (no person subject to special sentencing) is the basic area (6 months to 2 years).

(b) The scope of final sentence due to the aggravation of multiple crimes: Six months to three years; and

2. A decision making on an indecent act with sentence;