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(영문) 전주지방법원 군산지원 2019.01.11 2018고단1151
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bodily Injury) in the Military Accounting Support by the Jeonju District Court, and the said judgment became final and conclusive on September 20, 2018.

【Criminal Facts】

At around 22:30 on August 13, 2018, the Defendant committed an indecent act by force against the victim, such as getting off the victim’s body and panty ties from the victim’s friendly appearance E (21 years of age, 24 years of age) and her female friendly appearance victim F (24 years of age) within the cirthury Do, Sinsan-si, Sinsan-si, with his own body on the victim’s day, E was off from the victim’s her own body, and her chest her chest her chest her chest her hand, and her finger her finger her finger her hand, and the victim tried to get out of the victim’s her body and her panty, and her resistance her body was pushed back by having the victim’s arms her hand, making it difficult for the victim to resist by giving her force to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to report criminal investigations (report on the confirmation of concurrent crimes in the latter part of Article 37);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In full view of the overall circumstances, such as the Defendant’s age, family environment, and social relationship, etc., the Defendant’s personal information appears to be relatively less than the disadvantages and anticipated side effects that the Defendant may suffer due to the disclosure or notification order, in light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure or notification order, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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