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(영문) 수원지방법원 평택지원 2015.10.22 2015고단1265
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, on July 22, 2015, committed indecent act by compulsion, around Pyeongtaek-si, committed an indecent act by compulsion by force against the victim B (the age of 31) driver, who was a proxy driver in the vicinity of the ean apartment building located in Pyeongtaek-si, and sited on the top of the steering house of the victim B (the age of 31).

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault against Drivers, etc.) committed assault against the victim B, who drives the said vehicle at the time and place set forth in paragraph (1), by drinking the victim B, “I am flick,” and assaulting the victim’s face and breast part by drinking the victim.

3. On July 22, 2015, at around 23:25, the Defendant: (a) destroyed, and damaged, G Star F Co., Ltd., a victim F, who was parked in front of Pyeongtaek-si D, in an insular way, by destroying the front and rear glass window.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each statement (F, H);

1. Application of Acts and subordinate statutes to each photographic vehicle and victim;

1. Relevant provisions of the Criminal Act, Article 298 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Class I (Sexual Crimes) applicable to the sentencing guidelines for the reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on Probation and Order to Attend Course: [Scope of Recommendation]] the mitigation area (one month to one year), mitigation area (the target of thirteen years of age or older) and reduction area (one month to one year), [special mitigation person] and the second crime (fols: the scope of Recommendation Form] mitigated area (one month to eight months), [special mitigation person] mitigated area (one month to eight months), and third crime not punishable (a special mitigation person) committed against a person who is not subject to punishment: the scope of Recommendation] general standards.

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