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(영문) 전주지방법원 2017.09.29 2017고단615
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year 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 October 23, 2016, the Defendant: (a) around 13:30 on October 23, 2016, in the vehicle of the father of the victim D (n, 21 years of age) parked near the coast of the C, the Defendant: (b) had the victim’s family members to fish together with the victim’s family members; and (c) had the victim locked on the rear seat of the above vehicle, the victim was able to do so with the Defendant’s hand on his own for diving; (d) had the victim’s sexual organ, “I d. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h; (d) had the victim’s sexual organ with his hand, but had the victim take the Defendant’s hand to kn's sexual organ; and (d) had the victim forced the victim’s sexual organ by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Review of the sentencing guidelines [Scope of the recommended punishment] General Criteria and there is no victim [the victim [the victim] who is vulnerable to the crime of aggravation (one year and six months to three years of imprisonment] (the victim's special aggravated person]] (the victim's additional written agreement was submitted to the investigation agency before the judgment was conducted, and it cannot be deemed that it was submitted by the victim's true will, thus not being reflected in the special mitigated person of punishment).

2. The defendant commits an indecent act against the victim in a state vulnerable to mental disorder by taking advantage of a friendly relationship with the victim's father, etc.

A favorable reason is that the defendant recognizes the crime of this case, and the defendant exceeds a fine for the same kind of crime.

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