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(영문) 제주지방법원 2018.07.20 2017고단2870
강제추행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 30, 2016, the Defendant forced indecent act committed an indecent act by force against the victim C (nivers, age 47) and the victim’s indecent act by force by force, such as, on September 30, 2016, singing together in Esing rooms located in Gwanak-gu, Seoul Special Metropolitan City, on the part of the victim C (nivers, age 47) and, on September 23:0, 2016, the Defendant sing and singing together at Esing rooms located in Gwanak-gu, Seoul Special Metropolitan City.

2. For the same reason as described in paragraph 1 at the place described in paragraph 1, the Defendant: (a) destroyed or damaged the victim’s bags by cutting off the bags of the victim; and (b) continuously inflicted an injury on the victim by plpling, plucking, and plpling the victim’s arms for about two weeks of treatment; and (c) sustained the victim’s plucking, plucking, causing the victim to inflict an injury, such as salt, tensions, etc. of the river mouths in the water that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with labor;

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 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend a lecture, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of the recommended punishment according to the sentencing guidelines for the first type of crimes (sex crimes) which are subject to compulsory indecent conduct under the general criteria for the first type of crimes (sex crimes subject to 13 or more years of age) which are the basic area of the first type of crimes (finite to 2 years of age) (f in general) (finite to 1 April or June), the general criteria for the third type of crimes (f in general) which are the basic area of the first type of crimes (finite to 6 months) which are subject to the second class of crimes (f in general) which are subject to the second class of crimes (finite to 10 months): six months to 10 days;

2. The degree of indecent conduct in the determination of sentence is not easy and the injury has not been recovered;

(b).

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