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(영문) 청주지방법원 제천지원 2016.07.07 2016고단124
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant visited the “△ kn,” located in Dacheon-si, which is operated by the Victim C (Gain, 42 years old), as a customer, to the “△ kn,” and became aware of such fact.

The Defendant, at around 01:40 on January 5, 2016, tried to have a bruptly boomed boomed with the victim while drinking together with the victim, to have the victim talked with her chest, etc., and to be off from the victim’s will, and to not have the victim do so.

In the end, the body of the victim was divided into the body of the victim even if the victim was tightly and was tightly and the victim was unable to move, and then the victim was forced to commit an indecent act by force by inserting the victim's panty, inserting the hand into the victim's panty, and putting the part of the victim's panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol of statement made by the prosecution to C (tentative name);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of 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. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general standards and the crime of indecent act by force (subject to not less than 13 years of age) is not subject to punishment (one month to one year) in the mitigation area (the general indecent act by force).

3. Determination of sentence: Determination of sentence by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a conviction becomes final and conclusive on the facts constituting a crime on the registration of personal information that the victim does not want the punishment of the defendant by making a unanimous agreement with the victim, or that the victim does not have the same criminal history, the defendant is not guilty.

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