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(영문) 광주지방법원 해남지원 2015.05.13 2014고합46
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

and the facts constituting the cause of the attachment order [criminal facts]

1. On October 27, 2014, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by force against the victim at the entrance of the “E” legal entity operated by the victim D, the victim of the victim D in the Jeonnamdo-gun, Jeonnam-do-gun, “I do not know whether I do am or not, and I do not think of it several times.” The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by force by making the victim’s chest only once.

2. On October 27, 2014, the Defendant, entering a residence, entering a maro, via the gate, was in front of “E” and invaded upon the victim’s residence.

[Judgment of the court below] The defendant needs to be put on probation while suspending the execution of the sentence, and the electronic tracking device should be attached to confirm the implementation of the rules during the period of probation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each report on investigation;

1. The necessity of the attachment of an electronic tracking device during the period of probation: The following circumstances recognized based on each of the evidence and criminal records, investigation reports (report attached to judgments, etc.), and personal identification and confinement status as indicated in the ruling, namely, the Defendant, on October 14, 2004, committed a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Connection with Relatives) in the Gwangju District Court's support on October 14, 2004; on January 21, 2010, even if he/she had been sentenced to two years of imprisonment by the Gwangju High Court due to rape, etc., it is necessary to attach an electronic tracking device to the Defendant during the period of probation, in view of the fact that the Defendant committed the instant crime.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, the choice of a punishment, and Article 319 (1) of the Criminal Act (indecent act by compulsion, choice of imprisonment), Article 298 of the Criminal Act;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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