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(영문) 의정부지방법원 고양지원 2016.10.28 2016고단2663
강제추행
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is not a person of Uzbekistan nationality.

1. 피고인은 2016. 9. 11. 05:45경 고양시 일산동구 C건물 1층 4호 엘리베이터 앞에서 피해자 D(여, 26세)의 뒤로 다가가 손으로 피해자의 엉덩이를 툭 치듯이 만져 피해자를 강제로 추행하였다.

2. On September 11, 2016, the Defendant committed an indecent act by force against the victim, following the victim F (n, 21 years of age) in the second-dong elevator of the building B, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul Metropolitan City, in order for the victim to walk the victim's bronphone, and the victim's knife with his knife and knife the victim's knife with his knife with his hand.

3. On September 12, 2016, around 23:38, the Defendant: (a) committed an indecent act by force against the victim, following the victim’s h (n, 24 years of age) in the elevator of the elevator of the G building in Yongsan-gu, Yongsan-gu, Goyang-si; (b) in which the victim’s H (n, 24 years of age) operates a Handphone; and (c) her

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims;

1. Application of the Acts and subordinate statutes concerning photographs and CCTV-faging photographs;

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

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 in light of the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is a foreigner of the nationality of Uzbekistan who does not facilitate communications in the Korean language and, if this judgment becomes final and conclusive, is highly likely to be forced overseas pursuant to the Immigration Control Act, it is difficult to expect the effectiveness of re-offending through an order to attend a lecture, and it is difficult to expect such effect,

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Application of the sentencing criteria;

(a) Determination of types: Sex crimes, crimes of indecent act by compulsion (subject to 13 or more years of age) and first type;

(b) special spists;

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