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(영문) 의정부지방법원 2016.12.02 2016고단3355
강제추행
Text

A defendant shall be punished by imprisonment for six 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

1. On April 15, 2016, around 01:45, the Defendant: (a) discovered the Victim F (bee 20 years of age), discovered the victim’s chest (bee 20 years of age) who gets on and off a bicycle, and committed an indecent act on the victim’s chest by force.

2. On May 25, 2016, at around 03:05, the Defendant: (a) discovered the victim G (nick, 19 years old), discovered the victim G while getting on and off a bicycle; and (b) caused the victim’s chest by hand to drive away from the victim, and committed an indecent act by force against the victim.

3. On June 17, 2016, around 01:45, the Defendant: (a) discovered the victim I (be in the middle, 20 years old), discovered the victim I (be in the middle, 20 years old) in front of H apartment complexes in Namyang-si, Namyang-si; and (b) committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and I;

1. Report on internal investigation (case of field conditions, etc.), each internal investigation report (case of CCTV images recorded on the spot), and internal investigation report (in-house card using artificial chairs);

1. The 112 reported case processing table and the details of credit card use; and

1. Application of Acts and subordinate statutes, such as photographs of suspects, bicycles, clothes, hats, and other photographs, CCTV photographs of suspects on the day of committing the crime, CCTV photographs of J convenience points, drug maps at the scene of committing the crime, and suspect bicycles;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, 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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to Attend the School [Scope of Recommendation] the general standards for the crimes of indecent act by force (subject to the age of 13 or older) in the mitigated area (one month or one year from January to one year), the mitigated area (special mitigation] (the scope of Recommendation] and the crime of indecent act by force (subject to the age of 13 or more) in the general standards.

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