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(영문) 의정부지방법원 2016.06.24 2016고단1213
강제추행등
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

1. On November 201, 2014, the Defendant, in the middle 23:00, committed an indecent act by force against the victim C (n, 59 years old) at the victim C’s residence located in Dongducheon-si B apartment house 102:05, 102, and 105, committed an indecent act by force against the victim, such as the victim’s knife, knife, knife, knife, and knife, with two descendants.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) stated that the Defendant “I wish to report” to the victim using his/her cell phone (D) before a Buddhist restaurant located in 23:00 Osan Si on January 16, 2015.”

Accordingly, the Defendant reached the victim with obscene words that may cause sexual humiliation or aversion with the aim of meeting sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Domestic investigation reports (Attachment of a record of recording on January 16, 2015), internal investigation reports (request for provision of communications data and appendix of a reply), internal investigation reports (Attachment of a photograph of the alleged suspect's moving route and of the structure of the subsequent beer) and investigation reports (specific date of obscene crimes using new media);

1. Recording records and replies;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications body), and the selection of imprisonment with prison labor;

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. The grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend (the scope of recommendations) [the grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] are the crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in which there is no basic area (six months to two years) (the person subject to special sentencing]. The crime of this case is not set in the sentencing guidelines (the decision of sentence].

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