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(영문) 전주지방법원 2016.11.18 2016고단1522
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 02:30 on April 30, 2016, the Defendant, while drinking alcohol with members of D University Art Dong Ri “E”, was committed by the victim F (F, 19 years of age) who was seated on the left side of the Defendant, sent back to her fingers on one occasion, and her fingers out of the Defendant, followed the Defendant’s sexual organ of the victim G (a family name) and the victim H (a family name). On the other hand, the Defendant continued to put his fingers into the clothes of the victim H and committed indecent acts by force against the victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A certificate of approval, including a false name statement;

1. The application of Acts and subordinate statutes to a criminal investigation report (a case of attaching evidence submitted by a victim);

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Review of the sentencing criteria;

(a) Where the exercise of the tangible force in the mitigated area (one month to one year from the day of imprisonment) is considerably weak, on the general standards for the crime of indecent act by force (subject to the age of 13 or more) and the first type of crime (special mitigation).

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one month to one year;

2. A favorable circumstance for the determination of sentence requires both the Defendant’s recognition of all of the instant crimes, the exercise of tangible power is relatively minor, and the Defendant has no record of criminal punishment exceeding the same kind of crime or fine.

There is a fact that the defendant does not make any effort to recover damage due to unfavorable circumstances.

The above circumstances and records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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