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(영문) 의정부지방법원 고양지원 2013.12.06 2013고단1873

상습준강제추행

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2004, the defendant was not entitled to prosecute the indecent act by compulsion at the Suwon District Public Prosecutor's Office, and on November 28, 2005, the Incheon District Public Prosecutor's Office has no right to prosecute the indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the government office on September 7, 2009, and the Seoul Western District Public Prosecutor's Office has no right to prosecute the indecent act by indecent act by indecent act by indecent act by indecent act by the government office on December 01, 201, and on June 4, 2013, the defendant has no power to prosecute the act of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the government office at the Goyangyang District Public Prosecutor's Office on June 4, 2013.

At around 03:45 on August 4, 2013, the Defendant: (a) discovered the victim E (the age 22) who was fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fest in

Accordingly, the defendant habitually committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. A written statement of F and E;

1. Records of criminal records and investigation reports (former and previous confirmation);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 305-2, 299 and 298 of the Criminal Act and the choice of imprisonment concerning the crime;

1. The record reveals that Article 62(1) of the Criminal Act of the suspended execution is inconsistent with the recognition of the Defendant’s mistake, the crime of this case is deemed to have been committed due to impulse disorder, the Defendant’s character and behavior improvement is trying to be improved through pharmacologic treatment, etc., the agreement with the victim, and the degree of indecent act is not much serious.