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(영문) 수원지방법원 2016.01.11 2015고단5444
강제추행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(n, 69 years of age) are as Dong four, and about seven years of age with knowledge.

1. On October 8, 2015, the Defendant: (a) committed an indecent act by compulsion against the victim, who visited the victim’s residence located in Osan-si D in order to have the victim’s shoulder delivered; (b) who arranged both horses, committed an indecent act by forcing the victim to take the victim’s house back from A.I.D.

2. On October 12, 2015, around 09:10 on October 12, 2015, the injured Defendant: (a) divided the conversations between the victim and E, a Dong-dong, from an elementary school behind Yasan-si, Yasan-si; and (b) misleads the victim into misunderstanding that he/she will undergo an examination on himself/herself; and (c) took the victim’s right-hand knes over once with his/her hands-on.

As a result, the Defendant inflicted injury on the victim, such as the pelpellet of the upper half of the Korean left-hand side in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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. The scope of the recommended sentence according to the sentencing guidelines for the crimes falling under Category 1 (Assault) [Scope of the recommended sentence] and the aggravated area (six months to two years), the aggravated area (including a person who has been specially mitigated) of Category 1 (Specially mitigated) [including a serious effort to recover damage), or where considerable damage has been restored, the serious injury (one and four types), and the victims of crimes (sex crime) who are vulnerable to the crime / [Scope of the recommended punishment] the mitigated area (13 years or more of age) [13 years of age or older] of the mitigated area (1 to one year of general indecent act] of the mitigated area (1 month or year of punishment for a person who has been specially mitigated] of the mitigated area due to the aggravation of the aggravated total amount of punishment: June to June 2:

2. Determination of sentence: Imprisonment for not less than eight months; and

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