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(영문) 부산지방법원 동부지원 2016.04.08 2016고합16
준강제추행
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. On September 14, 2014, around 04:30 on September 14, 2014, at the defendant's house located in the 201 building C in Suwon-gu, Busan-gu, Busan-do, the defendant's wife reported that the defendant's wife was locked together with his family members of the victim D (the victim's age 35) who was living in the inside of the defendant's house for 30 years, and that the defendant was living in the inside of the defendant's family members, such as the victim's body, and then the victim's fingers by

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's potential state of resistance.

2. Around 07:30 on the same day as the preceding paragraph, the Defendant: (a) reported that the victim was spoke at a small room by avoiding the Defendant’s indecent act; and (b) followed by the victim, etc., the Defendant spoke up one hand into the panty of the victimized person; and (c) took the panty of the victimized person.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's potential state of resistance.

3. On October 19, 2014, at around 03:00, the Defendant: (a) reported on October 19, 2014, that the victim was locked along with the spouse and children of the Defendant; (b) followed by the victim, etc., the victim et al., and (c) stored one hand with the victim et al. in the panty of the victimized person; and (d) laid down one hand with the victim et al. into the panty of the victimized person.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (verification of contents of telephone recording);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for compulsory indecent acts similar to the heavier punishment on October 19, 2014);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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. An order of disclosure; and

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