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(영문) 전주지방법원 2016.09.02 2016고단683
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on March 6, 2016, the Defendant found the Defendant’s house located in the front city of 06:00, at the small room of the Defendant’s house located in the front city of 2016, that the Victim B (a person under the age of 27) was diving in the state of her ability to resist due to alcohol after drinking together with the Defendant’s denial, and that he was able to do so due to the victim’s hand, thereby putting the Defendant’s hand into the victim’s hand, and she committed an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against the victim B;

1. Each investigation report (related to attachment of a field photograph, attachment of a victim's picture, on-site conditions, etc. at the time of mobilization);

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

1. Where the exercise of tangible power is remarkably weak in the mitigated area (one month to one year for imprisonment) of the first type of indecent act by compulsion (subject to the age of 13 or more) on the general standard of the sentencing guidelines;

2. Circumstances favorable to the decision-making of sentence include the following: (a) the Defendant recognized the instant crime; (b) the exercise of tangible force was weak; and (c) the Defendant has no record of having received criminal punishment otherwise, in addition to the punishment of a fine imposed on one occasion for a double crime;

There are no particular efforts for the defendant to recover damage due to unfavorable circumstances.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the various sentencing conditions under Article 51 of the Criminal Act.

Where the registration of personal information and the conviction of a defendant to be submitted is finalized, the defendant shall be punished by sexual crimes.

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