logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2016.01.28 2015고단588
강제추행
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

On August 3, 2015, the Defendant committed an indecent act by force against the victim, such as: (a) finding the victim E (n, 42 years of age) on the street in front of C in the Chungcheongnamyang-gun, Chungcheongnam-gun, 19:10 on August 3, 2015; and (b) pointing the victim’s chest with a double hand, and causing the victim’s pact to go beyond the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Report of investigation (specific suspect);

1. Reports on internal investigation (Attachment of a photograph of the suspected suspect), photographs;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment to photographs taken at the place of occurrence of the case);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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 Defendant and his defense counsel asserted that “the Defendant was in a mental and physical state due to the assistance and observation, community service order, and the punishment, etc. of sexual assault crimes” under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and his defense counsel.” In full view of all the circumstances, including the background and mode of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant was in a state that, at the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to the tide or personal injury at the time of the instant crime.

does not appear.

Therefore, the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: From January to ten years;

2. Scope of recommended punishment on the sentencing guidelines: From June to two years [the types of decisions] general standards, the basic area (from June to two years) (no person subject to special sentencing) is basic area (from June to two years) for compulsory indecent conduct (subject to at least 13 years of age).

3. The defendant has committed an indecent act by force against the victim, such as the victim who was going through a way by both descendants, and the victim's chest fess, and such an act is highly likely to be punished.

arrow