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(영문) 창원지방법원 진주지원 2016.05.31 2016고단334
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On February 11, 2016, around 02:00, the Defendant forced indecent act: (a) caused the victim’s appearance of the victim D (the 55 years old) in Sacheon-si (the 55 years old) to report the appearance of the victim to the Kabro; and (b) caused the victim’s desire to wear the part of the victim’s body, and (c) led the victim’s chest her chest.

Accordingly, the defendant forcedly committed an indecent act against the victim.

2. The Defendant, at the above time and place, resisted the Defendant’s indecent act and demanded the Defendant to return home at the above time and place, putting the two main glass bars, which are dangerous articles in the above 2 room, and kising them, and making the victim’s face and the chest back to the chest.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as dystrophal, when the victim needs to be treated for about three weeks.

3. The Defendant damaged property in excess of the table table owned by the victim, which was used as the said victim’s abundr, during the dispute with the said victim on the issue of payment of the drinking value at the above date and at the above place, was accompanied.

Accordingly, the defendant damaged the victim's property in an amount equivalent to KRW 200,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A photograph of a CCTV course;

1. A copy of an injury diagnosis certificate or medical record;

1. Application of Acts and subordinate statutes to a report on investigation (related to estimate of damage);

1. Articles 298, 258-2 (1), 257 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The age of the defendant exempted from the disclosure order and notification order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the kind, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order and notification order.

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