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(영문) 인천지방법원 2016.05.18 2016고합224
강제추행상해
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On March 4, 2016, at around 01:50, the Defendant discovered the victim E (nive, 22 years old) who was married in front of the Namdong-gu Incheon Metropolitan City D, and tried to commit an indecent act against the victim and followed up to 300 to the extent of the Act on the Management of Land, Infrastructure and Transport.

At around 01:55 on the same day, the Defendant confirmed that his body was rarely off in front of G kindergarten in the Namdong-gu Incheon Metropolitan City F, and committed an indecent act against the victim’s chest by using another hand, and committed an indecent act against the victim’s chest by using another hand, while resisting the victim’s face, the Defendant saw the victim’s face of the material for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Each investigation report (the investigation of tracking the moving route prior to the crime of the suspect, the investigation of tracking the escape route, the investigation of CCTV sales stores after the crime of the suspect, the investigation of the suspect prior to the crime, the attachment of a photograph of the suspect's left hand, the location of the crime, and the attachment of a photograph of the damaged part);

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs before and after committing a crime, escape intensity, and CCTV photographs;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (a) appears to be against the Defendant, while making a confession of the instant crime, and the Defendant is the first offender who has no record of criminal punishment.

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