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(영문) 수원지방법원 2016.10.13 2016고단4323
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a victim C (n, 20 years of age) and a person who attended as a year from October 2014 to March 5, 2016.

1. On March 10, 2016, the Defendant: (a) opened a back door of FK3 vehicle parked at the front seat of the said vehicle; (b) placed the said vehicle into the back seat of the said vehicle; (c) opened the said vehicle on the ground that the victim did not complete the relationship with his/her wife and became only with other men; and (d) putting the victim into the back seat of the said vehicle; and (d) detained the said vehicle by driving the said vehicle at the said place from the said place to the Busan Seaside of the said place to the Busan Seaside of the said area to prevent the victim from getting off for about 24 km for about 38 minutes.

2. On March 10, 2016, the Defendant’s indecent act by compulsion was committed by the victim on the back of the said car at around 17:20 on March 10, 2016, and “I would like to continue to meet with B,” and “I would like to provide an opportunity to B,” and “I would like to go to B, I would like to go to do so,” and the victim would go to go against the Defendant’s entry alcohol by the victim.

E. He refers to the head of Dong, who is designated as the head of Dong, and the defendant was tightly sealed the body of the victim by pushing the defendant, and both arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and C;

1. 12 reported matters;

1. A investigation report (fluoring a black stuff image images);

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant legal provisions concerning criminal facts, Article 276(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for each type of crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Application of the sentencing criteria;

A. The mitigated area (one month to one year) is the first type of crime (the target of 13 years of age or older) and the first type of indecent act (the general indecent act by force).

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