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(영문) 인천지방법원 부천지원 2018.04.20 2018고합9
강제추행상해
Text

A defendant shall be punished by imprisonment for not less than two years 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 September 10, 2017, from around 05:52 to around 05:59, the Defendant forced the victim D (or 26 years of age) in front of the Seo-gu Seoul Housing, and forced the victim to do so, and forced the victim to put the victim into the wall inside the C Housing Parking Lot, forced the victim to put the victim, and forced the victim to put the victim into her hand.

As a result, the defendant forced the victim to commit an indecent act and led the victim to the right side of the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate of injury of doctor E;

1. Investigation report (the results of the video recording of CCTV images with the face of the crime), investigation report (the hearing report on the victim's telephone);

1. Application of Acts and subordinate statutes to photographs showing the damage situations and site situations of victims;

1. Relevant Article of the Criminal Act and Articles 301 and 298 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection, etc. of Juveniles against Sexual Abuse. (b) the Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime; (c) the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by disclosure orders or notification orders; (d) the prevention and effect

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