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(영문) 제주지방법원 2016.11.11 2016고단1653
준강제추행
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2016, at around 02:25, the Defendant had the mind that the victim (here 36 years of age) was under the influence of alcohol and was able to commit an indecent act against the victim.

Therefore, the Defendant, who was parked in the vicinity of the above place, was driving a D Twork XG car, and was drunkly driven by the victim, was on the victim's side, and then was on board the knife head of the above knife, was on board the knife, while driving the knife with F side in E, and was in charge of the victim's chest in his hand within the next knife between the F side in E.

Accordingly, the defendant, under the influence of alcohol, committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement concerning G;

1. Details of the chassis and comprehensive vehicle description;

1. A criminal investigation report (Attachment of vehicle image data) and a criminal investigation report (Attachment ofCCTV image data);

1. Application of statutes on site photographs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The sentencing guidelines under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend the course of the sentencing are as follows: Recommendations, sentences, scope of punishment [the general standards, the crimes of indecent act by compulsion (subject to 13 or more years of age), types 1 (the mitigated area, the mitigated area, January or 1 year of imprisonment] and the following circumstances are considered: The facts of crimes are recognized and reflected; the victim does not want criminal punishment against the defendant; the victim does not want criminal punishment against the defendant; the victim is disadvantageously under the agreement with the victim that there is no history of criminal punishment heavier than a fine: The victim who was on the way of under the influence of alcohol was committed by an indecent act on his/her vehicle with his/her human body and thus, the crime is very poor in light of the background of indecent act and the method of indecent act: The defendant's indecent act among the indecent acts, the victim is a vehicle with the spirit of the victim.

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