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(영문) 의정부지방법원 고양지원 2016.08.05 2016고단1281

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 16, 2016, from around 03:00 to 05:30, the Defendant provided meals at a restaurant with the husband and the victim of the victim’s home, in the E building A, which is a residence of the victim D (n, 23 years of age), which is a residence of the victim D(n, 23 years of age) located in Goyang-gu, Seoyang-gu, Yangyang-gu, and caused the victim to sleep at the restaurant, and had the victim sleepd at the victim’s home, the Defendant forced the victim who was locked from the bed and forced to commit an indecent act.

Accordingly, the Defendant: (a) placed buckbucks in a knicker’s knick by using the state of mental and physical loss in which the Defendant was diving; (b) placed the knickbbbbbbs in the knick; (c) placed the knick in the knick; (d) placed the knicker’s knick in the knick; and (e) placed the knicker’s knick in the victim’s sexual flag without deducting the knick; (e) placed the knick in the victim’s sexual flag; and (e) cut the victim into the knicker’s body and knick against the victim; and (e) laid the knicker’s floor into the panty of the female; and (e) rh

Accordingly, the defendant committed an indecent act on his part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 16(2) proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant does not facilitate communication with a foreigner of his/her strong nationality in the Korean language, and if this judgment becomes final and conclusive, it is difficult to expect the effect of recidivism through an order to attend a lecture, and it is difficult to expect such effect through an order to attend a lecture, and there are special circumstances in which

[Judgment] Grounds for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The application of the sentencing criteria.