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(영문) 의정부지방법원 2017.12.13 2017고단2134
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant is a person who has been in an internal relationship with the victim C (V, 55 years of age) from around January 2013 to early June 2016.

1. On July 23, 2016, the Defendant: (a) requested the victim to adjust the internal relationship on the part of July 18:26, 2016; (b) used a mobile phone to find D (the husband of the victim) as the principal office for the victim on the ground that the victim does not have any contact; and (c) notified the victim of this

Calls is required to pay liquor tax.

In the absence of the text, the victim threatened the husband of the relationship with the defendant by sending the text message "I am to find" and by taking the same attitude to inform the husband of the relationship.

2. On July 23, 2016, the Defendant made phone calls to the victim on and around July 18:47, 2016, and threatened the victim by saying, “I need to store the Nabner,” and “I need to make a multiple copy of the information posted in the written statement of the facts that I want to leave the home church in front of the in-house church. Domestic and all the events with the pastors are going to the Corporation. I now go to the Corporation. I now, now, the Defendant threatened the victim by saying, “I need to spread all gals of the Gabian Federation.”

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

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

1. Relevant Article 283 of the Criminal Act and Article 283 (1) of the Criminal Act and the choice of imprisonment 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area of each crime of intimidation (the scope of recommended punishment) (the basic area of intimidation shall be two months to one year);

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of two months to one year and six months;

3. Determination of sentence: 4 months of imprisonment, favorable circumstances, such as the fact that there is no previous conviction exceeding a fine of one year of suspended sentence, unfavorable circumstances such as the victim’s desire to be punished, etc., and other conditions of sentencing indicated in the records and arguments of this case, including the defendant’s age, sex, environment, motive, means, methods, and results leading to the instant crime, and the circumstances before and after the instant crime.

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