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(영문) 수원지방법원 2016.04.18 2016고단276

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2015, the Defendant: (a) committed an indecent act by compulsion at the “C” stage located in Suwon-si, Suwon-si, Suwon-si, Suwon-si; (b) the victim D (hereinafter “C”), who singing in the singing, committed an indecent act twice per se.

2. Whether the injured Defendant committed an indecent act against the victim at the same date, time, and place as described in paragraph 1, and as above, “the injured Defendant will be employed from the injured person.”

“Wook, the victim, “Wook kb kb kb kb.”

"In doing so, the victim's head debt was flicked by hand, the victim's face was hicked, and the victim's face was flicked by assaulting about about 14 days for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Sentencing criteria;

(a) A crime of Category 1 (Assaults) (Extent of recommending Punishment) (hereinafter referred to as "Aggravated Punishment"), the area of mitigation (two months to one year), the area of punishment not for punishment (including serious efforts to recover damage), or where considerable damage has been recovered;

(b) Type 1 (Indecent Acts by General) in the mitigation area (one month to one year) (special mitigation area) in the mitigation area (one month to one year), which is not subject to punishment (special mitigation person) in the case of compulsory indecent acts under the general standards (subject to 13 years or more);

(c) The scope of final sentence due to the aggravation of multiple offenses: February to June; and

2. The sentencing made an indecent act by force against the victim and the victim's face at the time of the victim's resistance, thereby inflicting an injury on the victim. In light of the contents and method of the crime in this case, the nature of the crime is heavy.

However, the defendant is wrong.