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(영문) 수원지방법원 2018.03.22 2017고단8075
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant, on October 1, 2017, 22:38, 'D Singing practice place' for the victim C (hereinafter referred to as "Winginging, nameing, and age 35) who was on the second and second floor in Suwon-si B and the second floor in Suwon-si, 201. The Defendant, along with the victim, drinked to drink.

Although it was proposed, the victim refused it, but I am the victim's neck with the defendant's hand, and kisscked in two booms of the victim.

Accordingly, the victim, the defendant, and the victim were fluored of the knife (21cm in length, 32cm in length), which is an object dangerous to the victim, and returned the knife to the victim and said knife in the defendant's hand and said knife that the victim was "pick, dead, and dead."

Accordingly, the Defendant forced the victim to commit an indecent act and threatened him with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Investigation into and reporting on telephone recording by victims;

1. blades and virtual photographs, and damaged photographs;

1. Application of the Acts and subordinate statutes to capture the video recording data of DNA sing CCTVs, and to the visual recording data of DNA singkes;

1. Relevant Article 298 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of intimidation 1 [the scope of the recommended punishment] 4 types (Habitual, Cumulative, Cumulative, and Special Intimidation) / [the scope of the recommended punishment] / [the scope of the punishment] 2 types of forced indecent conduct (13 years or more) / the mitigated area (1 year or more) / the mitigated area (1 month or year of general indecent conduct) / the mitigated area (1 year or more) / the mitigated area of the mitigated punishment due to the aggravation of the punishment for the majority of the who are not subject to the aggravated punishment for the crimes of intimidation : the punishment for April or June 1 and 6.

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