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(영문) 창원지방법원 밀양지원 2016.05.04 2016고단52
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

A. The Defendant who committed the crime is between the husband of the Victim G (the husband of the Victim G (the husband of 41 and the female) and the wife of the Defendant.

At around 01:00 on August 11, 2014, the Defendant: (a) around 01:00, in the residence of the victim * that of the victim * her husband, received food and drink together with her husband, and was locked at a small room provided by the victim; (b) the husband of the victim was locked in the ward; and (c) the victim was able to commit an indecent act against the victim by reporting that the victim was sleepd in the ward with great mind.

Accordingly, the defendant rhythum of the bank that the victim was suffering by the victim, rhyth of the part of the victim by putting his hand into the inner part of the victim, and rhyth of the victim's shouldered from the lock or gyth of the victim.

Even though “the victim was refused to commit an indecent act by inducing the victim for about five minutes,” the victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Strict punishment against the defendant is required in consideration of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is considerably poor in the nature of the crime in this case, and that the defendant did not agree with the victim.

However, the defendant's mistake is divided, the defendant is the first offender who has no criminal history, the defendant is also sentenced to the suspension of the execution of imprisonment with prison labor and the order of community service together with the suspension of the execution of imprisonment, the degree of conduct, the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the conditions of the sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the sentence like the order.

When a conviction is finalized on the criminal facts of this case against the defendant who shall submit personal information.

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