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(영문) 대전지방법원 홍성지원 2016.07.19 2016고단292
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

1. On November 1, 2015, the Defendant refused to leave until 21:00 of the same day, even though he/she received a request to leave from the injured party, the Defendant entered a dormitory for female workers of E Co., Ltd. managed by the victim D in Chungcheongnam-nam Budget Group C, and failed to leave without justifiable grounds until 21:00 of the same day.

2. On November 1, 2015, at the place indicated in paragraph (1) around November 21, 2015, the Defendant committed an indecent act by force by force against the victim G, who was affiliated with the F police box in the Chungcheongnam-nam Budget Police Station, was defective that the Defendant would go to the patrol vehicle, and committed an indecent act by force only once by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of patrol stuffs and video images);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 319 (2) and Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the punishment imposed on a heavier compulsory indecent act and the long-term punishment of each crime) shall be aggravated for concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Standard (the scope of the recommended punishment] is to comply with the lower limit of the recommended punishment, on the ground that the sentencing criteria are not applicable to the crime of non-compliance with the eviction of the mitigated area (one month to one year of imprisonment) (the crime of non-voluntary indecent act committed in general) (the crime of non-compliance with the crime of non-performance of punishment).

2. Determination of sentence: (a) comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the details of the instant crime; and (b) the sentence as ordered.

Unfavorable circumstances: The circumstances that harm the peace of residence or commit a crime against police officers in the course of performing official duties and are favorable to the poor quality of the crime: The confession and reflect of the crime in this case, and the victims.

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