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(영문) 창원지방법원 통영지원 2017.07.18 2017고단657

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

1. On July 27, 2016, the injured Defendant: (a) stated that he would return to the bus stops located in C at a bus stops located in C on July 27, 2016; (b) however, the victim refused to do so and returned to the bus on board; (c) caused injury to the victim by putting about two weeks on the left-hand side of the bus and the sprinking side of both sides, which require approximately two weeks of treatment.

2. On July 28, 2016, the Defendant forced indecent conduct and intimidation: (a) around 02:30 on July 28, 2016; (b) around the bus stops, the Defendant heard the horses from the damaged; and (c) on the part of the victim, the Defendant “I am on the part of the Plaintiff.”

It is going to find in the house.

It is inevitable that the death is death.

“In the absence of contact with the victim, as the victim would inflict harm on the victim, and continuously, the victim led the victim under E in the vicinity of the bus stop, and she committed an indecent act against the victim by forcing him/her to wear by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. A photo of the damaged part;

1. A criminal investigation report (victim of victim F message) [The defendant and his defense counsel argued to the effect that a separate crime is not established because the intimidation under paragraph (2) of the crime was a means of indecent act by force, but the above intimidation was a means of indecent act by force in light of the mode of crime by intimidation and forced indecent act, time and time, place of crime, etc.

As such, the above assertion is rejected.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 298 of the Criminal Act (the point of coercion), Article 283(1) of the Criminal Act (the point of intimidation) 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 suspended execution;

1. Article 16(2) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes against Sexual Crimes;