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(영문) 대전지방법원 천안지원 2017.06.02 2016고단1806
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. 1. 17. 22:00 경 아산시 C에 있는 ‘D 식당’ 내에서 술을 마시던 중 피해자 E(16 세, 여) 이 일행과 같이 음식을 먹는 것을 보고, 술에 취하여 아무런 이유 없이 “ 뭘 봐, 씹할 년들, 병신 같은 년들” 이라고 욕설을 하고는 식당 밖으로 나갔다가 도로 가운데에서 누워 버렸다.

The Defendant, due to the risk of an accident with the victim, caused the Defendant to put up a mistake by causing the danger of the accident, i.e., e., the body inside, e., the seat of the victim, and tightly sealed the victim’s face, and the victim entered the police again into the above restaurant.

Then, the defendant reported the victim who followed himself/herself, and pushed the victim, and got the victim's left chest on one occasion with his/her own hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of each statute on photographs;

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] is the general standard for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the scope of recommended punishment] and the basic area (6-2 years-year-year-long] (the person who is subject to special sentencing] of the victim under the influence of alcohol [decision of sentencing] is not good for the crime to be committed by assaulting the victim who has attempted the defendant under the influence of alcohol and repeatedly committing indecent acts, and by taking into account the various sentencing conditions indicated in the trial proceedings of this case, such as the fact that there is no history of the same crime, the fact that there is no record of the same crime, and the fact that there

If a conviction becomes final and conclusive on the crime in the judgment that is subject to the registration of personal information, it is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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