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(영문) 전주지방법원 2017.08.11 2017고단790
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, around 14:00 on September 5, 2016, was seated at the events around the D Bank located in Yasan-gu, B, 2016, reported that the Defendant E (V, 24 years of age) was the victim E (V, 24 years of age) returning home to the Defendant,

Recognizing so called "I Doz.", I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to report internal investigation (the photographing at the scene of a crime and CCTV-related 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. 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. Where the degree of prosecution is weak for a victim (a person subject to special aggravation) who is vulnerable to a crime in the basic area (six months to two years of imprisonment) (special aggravation) of the type (a person subject to special aggravation) of the basic area (a person subject to 13 years or more) of the crime of indecent conduct in force (a person subject to 13 years or more) under the general criteria;

2. Circumstances favorable to the decision-making of sentence include: (a) the fact that the defendant recognized the instant crime; (b) the degree of criminal conduct is not serious; and (c) the defendant has no record of criminal punishment for the same crime.

There is a fact that the victim was vulnerable to the crime due to intellectual disability and the defendant did not take any particular measures to recover damage.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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