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(영문) 창원지방법원 통영지원 2015.01.23 2014고단962
준강제추행등
Text

A person shall be punished by imprisonment with prison labor for not less than 6 months for a crime of No. 2 in the judgment of the defendant, and by imprisonment for not more than 4 months.

(b).

Reasons

Punishment of the crime

"2014 Highest 962"

1. On October 28, 2014, the Defendant: (a) around 01:43, at the 4th floor soup room of “D” located in C, at the odryp of “D”; (b) 27 years old, she laid down the locked part under the command of the victim E (the 27 years old) and laid down, and bucks and bucks of the victim.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's failure to resist.

"2014 Highest 1107"

2. On August 27, 2014, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for a quasi-indecent act by force at the Changwon District Court Branch Branch for the crime of quasi-indecent act by force. The foregoing judgment became final and conclusive on September 4, 2014.

At around 02:30 on December 4, 2013, the Defendant, at the 3rd female waters room of “G” located in G, Kimhae-si, Kim Jong-si, and at the end of the 23-year age of the victim H (n, 23) being divingd, the Defendant met the victim’s right sus and bucks with his hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

"2014 Highest 962"

1. Defendant's legal statement;

1. The police statement of E "2014 high-ranking 1107";

1. Defendant's legal statement;

1. The police statement of H;

1. Requests for appraisal;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of a final judgment of a suspect) and statutes;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act on the selection of punishment, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor at a public place;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the second crime at the time of sale) to treat concurrent crimes;

1. Article 62(1) of the Criminal Act (with respect to the crime of expulsion 2 at the time of sale, the following part of the grounds for sentencing shall be taken into account):

1. It imposes an order to complete a program in addition to a crime No. 1 of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and a crime No. 2 of the judgment is already imposed in the final and conclusive judgment entered in the judgment before the judgment, and imposes an order to complete a program in relation to a crime No. 1 of the judgment before the judgment

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