(영문) 창원지방법원 통영지원 2016.12.27 2016고단1699

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(영문) 창원지방법원 통영지원 2016.12.27 2016고단1699

강제추행등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On October 14, 2016, the Defendant found that the victim D (the victim, 36 years of age, and the name) was in front of the entrance of the singing practice place at a singing practice place, at around 23:06, and committed an indecent act by force against the victim by using the victim’s chests immediately after the victim was different.

2. On October 15, 2016, the Defendant damaged public goods, at the detention room of the Gando Police Station located in Jaeae 1-2 at the Sado Police Station located in Jae 1-2 at the same time, arrested D as an act in the act of indecent act by force, as described in paragraph (1), and destroyed the door of the detention room in which the repair cost equivalent to KRW 450,000,000 of the repair cost of the vehicle was turned out.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E/F (D);

1. Each report on investigation;

1. Application of the detailed statement of processing the 112 reported case and written estimate-related statutes;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the selection of a punishment, Article 141 (1) of the Criminal Act and the choice of imprisonment with prison labor;

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 (including the fact that the victim commits an indecent act pays one million won to the victim, the fact that damage to public goods has been paid to the victim, the fact that damage has been done to the public goods, the fact that there has been no previous conviction above the suspension of execution

1. It shall be decided as ordered on the grounds of Article 16 (2) or more of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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