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(영문) 청주지방법원 제천지원 2014.12.12 2014고합48

강제추행치상등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. 112 Reporting case management table;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

1. Reasons for sentencing under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The range of recommendation [the determination of types] on the sentencing guidelines and the range of punishment [the range of recommendation] [the range of punishment] reduced range of punishment [the range of punishment] reduced range of punishment [the range of recommendation range] two years and six months to four years; and

3. The decision of sentencing [the person who has been sentenced to sentencing] was seriously divided into one another for one’s crime, the victim has made a serious effort to reach an agreement, and the victim has accepted the decision and accepted it in a correct sense of the legal and social meaning of the committee that did not want to punish the defendant. The same criminal record or the defendant has no criminal record of suspended execution for the last ten years or less, the defendant has a clear social relationship with the defendant, the defendant is aged and is not good for health [the person who has committed the crime of this case] is committed first by committing an indecent act against the victim and thus, the nature of the crime is poor [Article]. The above crime of this case is committed by the defendant, which first causes injury to the victim, and it is committed in the argument of this case, such as character and behavior, environment, method and mode of the crime, motive and circumstance leading to the crime, and circumstances before and after the crime.