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(영문) 창원지방법원 마산지원 2016.10.05 2016고단794
강제추행
Text

A defendant shall be punished by imprisonment for four 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, a new employee C, worked on behalf of the department such as the victim D (n, 28 years of age). However, the relationship between the ordinary victim and the ordinary victim and the private victim was low and there was no personal remaining.

On April 15, 2016, the Defendant, around 20:45, viewed two-lanes with the victim, representative G, after completing the company conference in the Fju 8 E located in Changwon-si, Changwon-si.

At around 22:00 on the same day, the Defendant forcedly committed an indecent act on the part of the victim by stating that G sees the left side of the victim who sits in a string string, with a sloping hand, and sees that “I see as close as ice.” In doing so, the Defendant intending to write down the victim’s head by moving to the side of the victim’s refusal to do so and cutting off the victim’s body in his hand, and sees that “I am without a string, I am we see. I am we see. I am we see. I see. I am. I am. I am. I am. I am. I am. I am. I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by the police;

1. Application of the Acts and subordinate statutes to the investigation report (Attachment to CCTV image data, photographs, CDs, etc.) and the CCTV image data photographs attached to the crime scene;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The grounds for sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommending punishment] general standards for the crime of indecent act by force (subject to 13 or more years of age) and the registration and submission of personal information in the case where the exercise of tangible force [the decision of sentence] is considerably weak [the decision of sentence] four months of imprisonment, the suspension of execution of two years (the fact that it acknowledges and reflects the mistake of one person, the fact that there is no force other than a fine, the fact that there is no same record, the fact that there is no same record, the fact that the same crime is committed again, the degree of exercising the tangible force of this case, etc.].

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