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(영문) 광주지방법원 목포지원 2014.12.12 2014고단1329
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the husband of the child who was aware of the victim D (n't, 35 years of age).

At around 10:00 as of November 201, 2013, the Defendant entrusted the repair of the Defendant to the car center in front of the victim’s residence in Yong-gun, Yong-gun, Yong-gun, and then sought the victim’s residence and divided the talks about whether there is a male who talks with the victim.

피고인은 같은 날 16:00경 바퀴벌레 약을 구입하여 다시 피해자의 주거지에 찾아가 바퀴벌레 약을 뿌린 후, “만나는 남자랑 몇 번이나 잤냐. 재밌었냐. 좋았냐”라고 말을 하면서 피해자에게 다가가 갑자기 손으로 피해자의 가슴을 만졌고, 계속해서 피해자의 손을 잡아 피해자를 바닥에 넘어뜨리려 하였으나 피해자가 소리를 지르며 거부하는 바람에 넘어뜨리지 못하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)

1. Scope of sentence [the scope of sentence recommended by the sentencing guidelines in consideration of the fact that the victim is against the defendant, the victim does not want the punishment for the defendant by mutual consent with the victim, the fact that there is no criminal record of the same kind of crime and the suspension of execution or higher, etc.] under Article 62 (1) of the Criminal Act (the scope of sentence (the person under 1 year, sex crime, sexual crime, indecent act by compulsion (the person under 13 years of age or older) and special mitigation factors in the mitigation area: the person under 13 years of age or older shall choose

1. Where a conviction against the defendant is finalized on the crime of this case concerning the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a community service order or an order to attend a lecture.

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