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(영문) 수원지방법원 2017.06.15 2017고단1312
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

피고인은 2016. 12. 21. 21:45 경 수원시 장안구 B에 있는 C 주차장 입구에서, 술에 만취하여, 길을 걸어가고 있는 피해자 D( 여, 16세), 피해자 E( 여, 16세 )에게 " 야, 너희 어디가 "라고 하면서 갑자기 위 E의 오른팔을 손으로 잡아, 이에 위 E가 이를 뿌리치자, 갑자기 위 D의 왼팔에 팔짱을 끼고, 이에 다시 위 D가 이를 뿌리치자, 재차 위 E의 오른팔에 팔짱을 꼈다.

Accordingly, the victims continued to be faced with the victims who were faced early by the victims, and they shall not enter the victims again, and they shall wrap the shoulder of the above E, and they committed indecent acts by force against the victims, such as they have a ppuri, and they have a sense of the shoulder of the above D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Investigation report (to hear statements from victims E);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements made by victims D);

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Application of the sentencing criteria;

(a) No 1 crime (the scope of recommended punishment) is the basic area (6 months to 2 years) (the basic area (the person subject to special sentencing) of the first type of indecent act (the person subject to 13 years or more) under the general standard;

(b) Class 2 Crimes [Scope of Recommendation] General Standard : 6 months-3 years-2 years-3 years-2

2. Determination of sentence shall take into account the method and details of the instant crime, the victim's intent to punish the victims, and the fact that the Defendant reflects the mistake, the Defendant does not have any criminal record exceeding the same criminal record or fine, and the Defendant is drunk.

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