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(영문) 수원지방법원 여주지원 2018.02.22 2017고합107
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal records] On May 12, 2017, the Defendant was sentenced to a suspended sentence of two years for ten months of imprisonment due to a forced indecent act committed in the Sungnam Support of Suwon Friwon, and the judgment became final and conclusive on January 12, 2018.

[Criminal facts]

1. On July 2, 2017, around 03:20, the Defendant committed an indecent act against the victim in a state of resistance by having the sexual organ of the victim E ( South and 22 years old) who was divingd in the “D” waters room in Jongno-gu Seoul, Jongno-gu Seoul.

2. On July 2, 2017, at around 04:49, the Defendant committed an indecent act against the victim in a state of resistance by inserting left hand into the part of the victim F ( South, 22 years old) who was divingd in the body of the water of the upper male on July 2, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. The second-time suspect examination protocol against the accused;

1. Statement made by the police for E;

1. Each statement of G, F, and H;

1. A criminal investigation report (to hear statements by a suspect immediately after the crime is committed);

1. Spanping photographs upon the principal of the crime;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (Attachment to decisions, etc. on suspects), application of Acts and subordinate statutes on the search of cases by the Supreme Courtb;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against victims E with heavier punishment) ;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to Take Education;

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 Juveniles against Sexual Abuse (the registration of personal information on the accused and the demotion to treat sexual assault).

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