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(영문) 춘천지방법원 속초지원 2016.02.03 2015고단550
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 September 29, 2015, the Defendant committed a crime around 11:00 on September 29, 2015, at the house of the victim D (n, 77 years old) located in Sincho-si C around September 11:0, 2015, the Defendant forced the victim to walk the victim’s upper part and brogate in the above house bed away from the open victim by having the victim go to the open victim, and then forced the victim to walk the victim’s upper part and brogate during the victim’s decline, and fright the victim’s chest into the victim’s chest, put the victim’s chest into the victim’s entrance, put the victim’s finger into the victim’s part, put the victim’s finger into the victim’s part, and commit an indecent act by force.

2. On September 29, 2015, the Defendant committed a crime around 18:00 on September 29, 2015, found the victim’s house at around 18:00 on September 29, 2015, and then attached a strike to the victim’s house at around 18:0 on September 29, 2015.

On the other hand, the victim forcedly committed an indecent act on the part of the victim by putting the victim on a sofa, standing the victim in a sofa, walking the upper part of the victim and the brogate, leaving the victim's chest by standing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. A written appraisal;

1. A detailed statement of currency;

1. The photographic photo of the reproduction, related photo, and the object of appraisal;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Articles 298 and 298 of the Criminal Act concerning the facts constituting the crime and the choice of imprisonment with prison labor for each of the crimes (it is an indecent act committed against the elderly victims on one occasion, and the degree of conduct and the degree of conduct are not mitigated, etc.);

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the victim has agreed smoothly with the victim after the closure of pleadings, the fact that

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 62-2 of the Criminal Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is in accordance with Article 43 of the same Act.

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