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(영문) 수원지방법원 안산지원 2015.12.23 2015고단3170
준강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. A quasi-indecent act by compulsion on June 7, 2015: (a) around 02:20, the Defendant went into the residence of Eunpyeong-gu Seoul and 103 Victims H (Inn, 27 years of age) and went into the residence by an indeterminate method; and (b) went out to the victim’s side where he was able to do so, and committed an indecent act against the victim by force.

2. In the date, time, and place mentioned in Paragraph 1, the Defendant was unable to shoulder the Victim I who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (the scope of recommendations on the sentencing guidelines in consideration of the following facts: (a) an indecent act against a female victim who was divingd by entering another's residence at night while the defendant was living together; (b) an injured male victim living together; and (c) no injury has yet been recovered from the victims; (d) the defendant is led to confession and reflect; (e) the degree of damage to the injured victim is not severe; (e) the defendant is making every effort to recover damage to the victims; (b) the defendant is the first offender; and (c) the defendant was resulting in incidental crimes in the occurrence of each of the instant crimes at night: Imprisonment with prison labor from June to June 1 [the scope of recommendations] general standards for indecent act by compulsion (the scope of recommendations].

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