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(영문) 의정부지방법원 고양지원 2016.06.24 2016고단1004
강제추행등
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

The defendant is the victim C(n, 24 years old) relationship with the victim C(n, 24 years old), and the victim D(n, 24 years old) is the victim C's friendship.

1. On January 12, 2016, the Defendant’s indecent act against the victim D was forced to have the victim forced by committing an indecent act on the part of the victim D on the part of the victim, and the victim C, who had drinking together with C and C, a residence of the Dong-gu, U.S., Dong-gu, U.S., and Dong-gu, U.S., when drinking together with C and D, was under drinking together with C and C, which would have been talked with C and C.

At the same time, C refused to do so and suspended the act of admitting the victim from the toilet, and C, again, committed an indecent act by force against the victim by putting the victim in the toilet, putting him in a room, lying him on the house, and putting him on the body of the victim on the wall, with forced intervention of other victims on the part of the victim.

2. The defendant injured the victim C at the time, place, and place described in the preceding paragraph, and whether the victim suffered from D and the defendant together with the victim “d and there is any reason to see”

“A person to be asked, the victim was fluordated, and the victim was fluored by drinking at a flood, resulting in injury to the victim, such as the mouth on the right side and the part of the inner part, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocols made by the police against C, and protocols made to interrogate the police against D;

1. Application of Acts and subordinate statutes on diagnosis of injury, damage photographs;

1. Relevant Article of the Criminal Act and Articles 298 and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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 grounds shall be considered in consideration of the amount of punishment):

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture [the scope of the punishment recommended in the sentencing guidelines] are disadvantageous to the mitigation area (two months-one year-one year-one year-one year-one year] (the decision of sentence] in the mitigation area.

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