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(영문) 수원지방법원 2016.05.12 2016고단588
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

1. On November 15, 2015, the Defendant forced indecent act committed an indecent act by force: (a) the victim, etc., who was under drinking in the “D cafeteria” restaurant operated by the victim C (V, 41 years of age) and was placed in the said restaurant while drinking alcohol at around 23:30 on November 15, 2015; and (b) the victim, etc., who was placed in the said restaurant and was placed in the said restaurant, did the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

2. In the time and place described in the preceding paragraph, the injured defendant, like the time and place described in the preceding paragraph, committed an indecent act against the above C by the defendant from the victim E (53 3) who is the husband of the above C, caused the victim's body to be pushed back with both arms and body, and caused the victim to go beyond the body of the victim, and caused the victim to face a part of the back of the head on the restaurant table that was located there, thereby causing about two weeks of injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

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. The community service order under Article 62-2 of the Criminal Act;

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. Application of the sentencing criteria;

(a) No. 1 crime (sex crime) (Scope of recommended punishment) is the basic area (6 months-2 years-2 years-2) of the Act on the Punishment of Indecent Acts (subject to 13 years-2 or more) under the general standards;

(b) Class 2 Crimes (Assaults) [Scope of Recommendation] General Injury (General Bodily Injury). The basic area (from April to January 1) (no person in special sentencing is subject to no person)

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years.

2. This case shall be the defendant.

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