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(영문) 수원지방법원 안양지원 2017.06.30 2017고단706

준강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 21, 2017, from around 04:14 to around 04:32, the Defendant committed an indecent act against the said victim by taking advantage of the d 10th floor space in Ansan-gu Da 10, where it is difficult to find out the names of the locker’s name in the victim’s side of the female victim who was unable to know, thereby committing an indecent act on the part of the said victim. From around 04:40 on the same day to 05:26 on the same day, the Defendant continued to have the victim’s am and bucks in the above part of the victim E (the victim’s am and bucks are 27 years old) who was locked in the above part of the victim’s E (the victim’s am and buck).

Accordingly, the defendant committed an indecent act against the victims by using the state of resistance impossibility of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of some Acts and subordinate statutes to a criminal investigation report (CCTV image analysis) and a criminal investigation report (Attachment to a photograph to the closure of the suspect’s crime scene);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend - Unfavorablely unfavorable circumstances: (a) even though the sentence of a fine of KRW 5 million was imposed for an indecent act committed by force in 2014, the offender repeatedly committed the same act in the same place as the previous one at different times; (b) more favorable circumstances: The victim E (tentative name) appears to have seriously committed the crime in the course of investigation and trial; (c) the victim E does not want to be punished against the Defendant; and (d) he does not have any criminal record exceeding a fine - Other normal circumstances: the Defendant’s age, sex behavior, occupation, family relationship, etc., which is a sex offense subject to registration and submission of personal information, becomes final and conclusive.