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(영문) 부산지방법원 동부지원 2015.07.17 2015고합25
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on October 5, 2014, the Defendant found the victim D (the age of 33) who was seated in a ship to drink and locked while boarding the said ship to fish together with the fishing boat at the sea in front of the peace plaza in the Bapo-dong, Sinpo-dong, and was trying to do so. On the back of the victim, the Defendant saw the victim D (the age of 33) who was seated in the ship and was able to do so, and was seated behind the victim, she was seated in the back of the victim, she was approaching the victim, and she was able to force the victim to do so, and then she committed an indecent act by force by using only the victim's bucks and drinkings.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to documentary evidence photographs, investigative reports (referring to the details of reports, and statements made by the victim), investigation reports (referring to the statements of reference witnesses), and investigation reports;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on Probation, Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Sex Offenses of Children and Juveniles;

1. Ten years of imprisonment with prison labor for not more than one month in the scope of punishment by law;

2. Scope of recommendations on the sentencing guidelines [decision of types] sexual crimes, general standards, the crimes of indecent act by compulsion (subject to the age of 13 or more), the general indecent act by compulsion (subject to special mitigation] by compulsion, and the punishment not exceeding one year (subject to mitigation) by imprisonment;

3. The defendant's decision on the sentence of punishment committed indecent acts by force on the part of two children, the defendant put his hand on the part of the victim and buckbucks, the victim was pregnant for 6 months at the time, and the victim was committed by the defendant.

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