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(영문) 창원지방법원 마산지원 2014.08.27 2014고단548
준강제추행
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

Around 04:30 on May 26, 2014, the Defendant discovered that the victim D (the victim 20 years of age) was satisfying at a soup room located in Changwon-si, Changwon-si, Masi, B, and that the victim E (the female 19 years of age) was satisfying around 05:40 on the same day, and the victim E (the female sat, the 19 years of age) was satisfying in front of soup TV at the same time, and satisfying the chest by putting the finger on the part of the female, putting it in a knife, putting it in a knife, kniff, and knife it back to the knife and knife, knife the female in the state of the Defendant’s sexual condition, such as kniffing it back to the female.

Accordingly, the defendant committed an indecent act by force against victims who have been unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Relevant Articles of the Criminal Act concerning criminal facts: Articles 299 and 298 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to complete a program: Where the degree of indecent act committed by a person subject to the punishment of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is weak, the extent of the final sentence according to the aggravated punishment that has no basic area (6 to 2 years of age) of the crimes of category I (victim D) [the scope of recommending punishment] of the mitigated area (1 to 1 year), (1) of the crime of indecent act by force (subject to the age of 13) [the scope of recommending punishment] of the crime of indecent act by force (subject to the age of 13) (6 to 13] of the basic area (6 to 2 years of age) of the crimes of indecent act by force (subject to the age of 13] of the grounds for the punishment of sexual crimes: six months to 206 months [the decision of sentencing] of imprisonment, two years of suspended sentence, 20 hours of order to complete a program (the fact that there is no same kind of power).

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