logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.24 2016고단2500
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2016, around 10:30 on June 21, 2016, the Defendant attempted to detect the victim D (one’s name, half, and seventy-seven years of age) who was towing a flood on the street side of the Mat, located in C, the former North Korean Office B, and help to extinguish the flood.

The victim's home living room in E apartment has entered the house.

When there is a brupt with the victim, the defendant tried to commit an indecent act against the victim, sparing the victim's chests over two times with clothes, and continued to place the victim's fingers over two times with the body of the victim, and knife the victim's fingers over two times with the victim's fingers, and displayed the victim's will, while indicating the Defendant's sexual organ, the defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A report on the occurrence of an indecent act;

1. 112 A list of reported cases;

1. A report on internal investigation (related to a delay report, a suspect's inquiry and specific-related relationship, and CCTV images of the suspect);

1. Application of the photographic Acts and subordinate statutes;

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (3) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. A victim who is vulnerable to the aggravated area (one year and six months to three years) (one year and six years of imprisonment) (special aggravation) of the sentencing guidelines in the case of compulsory indecent conduct (subject to at least 13 years of age) under the general standards of the sentencing guidelines;

2. The crime of this case is committed in a situation unfavorable to the determination of sentence, and there is a fact that it is not good that the crime of this case committed an indecent act by forcing the victim who is an old person to enter the house of the victim and forced the victim to commit an indecent act, and that the damage has not been recovered.

A favorable reason is that the defendant recognizes the crime of this case, and the defendant is punished in excess of the same kind of crime or fine.

arrow