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(영문) 청주지방법원 2017.01.05 2016고단2110
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. [2016 Highest 2110] On May 21, 2016, the Defendant found the victim B (n, 19 years of age) (a) who was aware of the usual 21:34 on May 21, 2016 at the “D convenience store” located in the Chungcheongnam-gun, Chungcheongnam-gun, a part-time employee, and entered a toilet with the victim, and then prevented the victim from leaving the room with the wall of the toilet and leaving the victim in his/her hands, and then promptly fell into the part of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. [Attachment 2016 Highest 2230] The Defendant, as a member of the local reserve forces, was registered as a member of the local reserve forces on June 28, 2016 because he/she did not move his/her place of residence from the Ha, Chungcheongnam-si, Chungcheongnam-do, to the FB Dong 503, around October 2015 without justifiable grounds.

Summary of Evidence

[2016 Highest 2110]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to B [2016 senior order 2230];

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on accusations, resident registration cards, and local reserve forces organized cards;

1. Article 298 of the Criminal Act applicable to the crime; Article 15 (2) and 6-2 of the Act on the Establishment of Local Reserve Forces; Article 10 of the Resident Registration Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Violation of the Act on the Establishment of Local Reserve Forces and concurrent crimes under the former part of Article 37 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the lower limit shall be based on the lower limit of the sentencing range of recommendations, which are set forth in the judgment on which the sentencing guidelines are set, on the grounds for sentencing under Article 16(2) of the Act on Special

o. The basic area of the crime of indecent act by force (subject to 13 years or more): the content and degree of the indecent act by force in June and 2 years; the process of the indecent act by force; the victim and the victim did not have any agreement; the victim and the victim did not have any criminal record of forced indecent act; the victim and the victim and the victim of the violation of the Act on the Establishment of Local Reserve Forces, and the statement of the case are shown in the arguments in this case.

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