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(영문) 대전지방법원 천안지원 2016.09.30 2016고단1194
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

around 01:50 on May 26, 2016, the Defendant followed the victim about 500 meters to the Etel parking lot in order to find out the victim D (inns, 20 years of age, 20 years of age) and to commit an indecent act against the victim in front of the North-gu Seoul apartment site, in the city of 01:50, the Defendant was under the influence of alcohol in front of the North-gu C apartment.

After the Defendant, etc., the Defendant: (a) kidly prevented the victim from resisting by using both arms; (b) prevented the victim from resisting by one hand; (c) obstructed the victim’s chest with another hand; and (d) kid the victim’s chest with another hand, and kidd the victim’s chest with the victim’s chest.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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, and there is no person who has any special sentencing [6 months to 2 years] [the sentence] [the decision of sentence]] of the basic area (6 months to 2 years] of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the case] of a victim under the influence of alcohol is not good for committing indecent acts by using force, such as using force, such as preventing the victim from suffering a considerable distance from drinking, and preventing him/her from suffering from suffering from considerable fear and mental pain, it appears that the victim was the primary offender, contrary to the time of committing a crime and wrong, and reporting the number of times after committing a crime to an investigative agency, etc., the sentence of this case and various conditions indicated in the order of the trial shall be determined.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to the case where a conviction is finalized on the criminal facts in the judgment that is subject to the registration of personal information.

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