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(영문) 수원지방법원 성남지원 2016.04.15 2015고단1964
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

1. On July 30, 2015, the Defendant forced indecent act: (a) was under the influence of alcohol in front of E, located in E, the Ma-gu, Ma-gu, Ma-nam-si; (b) was committing an indecent act by force against the victim G (a) who was walking in the opposite part, when the victim G, who was walking in the opposite part, went through the right side of the right side; (c) was able to turn back his/her own finger hand into the part of his/her chest, and then commit an indecent act by force on the part of the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (joint injury) committed several times, at the time and place described in the foregoing paragraph, from the victim H ( South, 55 years old) who was frightened by the Defendant’s chest, such as the date and time indicated in the foregoing paragraph, and at the same time and place, he saw the victim’s face with the F, who was frightened with the peter’s chest, and took part in the process of facing the victim’s face.

As a result, the defendant, in collaboration with F, inflicted injury on the victim, such as the inner left, the old net left, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Investigation report (voluntary indecent acts and joint assaults);

1. Application of a medical certificate of injury (H) and Acts and subordinate statutes governing damaged photographs;

1. Relevant Article 298 of the Criminal Act regarding criminal facts, the choice of punishment, Article 22(2) and (1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (a) of the Criminal Act (a point of joint injury) and each choice of imprisonment, respectively.

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. Crimes No. 2 (Assault) in the basic area (six months to two years) of the Act on the Punishment of Indecent Acts (Indecent Acts by General) under the General Criteria for the Punishment of Sentencing No. 1 (the scope of recommended punishment) [the scope of recommended punishment] [the scope of recommendations] in the basic area (including April to January) of the Act on the Punishment of Indecent Acts (the target of 13 years or more)]. The basic area (the scope of recommended punishment from April to June) of the Act on the Punishment of Sentencing No. 1 (the person subject to special sentencing) [the person subject to special sentencing].

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