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(영문) 의정부지방법원 고양지원 2017.06.09 2016고단1658
강제추행
Text

A defendant shall be punished by imprisonment for six 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 is adult film supervision, victim D (n, 32 years old) is adult film distribution.

1. On May 12, 2015, the Defendant, in front of the convenience store of “F” located in Ansan-si Member E, Ansan-si, on the road, had the victim taken a camera in the form of a camera in order to take the adult film of “G” on the front of the convenience store, and had the victim take a view of committing an indecent act against the female, and the Defendant “F” asked the victim at his place of residence.

Accessing to that woman, “the son committed an indecent act against the female by putting the son’s breast at one time on his own hand.”

2. On May 14, 2015, the Defendant: (a) committed an indecent act on the part of a female by having access to the female, with a view to forcing the victim to commit an indecent act against the female, who was identified as “J” in the first floor of “I” room in Ansan-si, a member of Ansan-si, to take a adult film (L) in the “J” room; and (b) having committed an indecent act against the female, the Defendant committed an indecent act against the female by having his/her chest turn on one hand.

Summary of Evidence

1. Legal statement of the witness D;

1. Each additional statement of D;

1. Stenographic records (not more than 40 pages);

1. Defense counsel's written opinion;

1. Application of Acts and subordinate statutes to a criminal investigation report (the date and time of crime through a photographer list submitted by a suspect A);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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 stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the victim [the scope of the punishment recommended in the sentencing guidelines] The basic area (6-2 years to 2 years) of the Act on the Indecent Acts by force: the defendant committed an indecent act on two occasions in favor of him/her that he/she committed an indecent act on two occasions, and that he/she did not receive any tolerance from the victim: The defendant had taken several pictures before and after the instant case, but the defendant committed an indecent act only at the time of the instant shooting.

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