(영문) 수원지방법원 평택지원 2015.12.29 2015고단1481

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(영문) 수원지방법원 평택지원 2015.12.29 2015고단1481

강제추행

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

At around 15:20 on October 5, 2015, the Defendant accessed the victim E (the 20-year-old age), which is the cause of the Defendant’s occupation, and forced the victim to take advantage of the victim’s knife, and found the victim’s knife and the knife. The Defendant purchased the drinking and the knife to take advantage of the knife, and forced the victim to take advantage of the knife outside the convenience store. At around 17:10 on the same day, the Defendant saw the victim into the convenience store and knife the part of the knife knife back on the part of the victim’s right knife, knife the part of the victim’s knife, and forced the victim to take advantage of the victim’s knife with the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement (E, F, G);

1. Application of the Acts and subordinate statutes of the photograph (No. 9);

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. The reason for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service, or order to attend a lecture [the scope of recommending punishment] General Standard of Indecent Act (the target of 13 years or older) and the basic area (6-2 years or more) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the decision of sentence] under the circumstances unfavorable to the defendant that the victim is punished, the defendant is willing not to repeat a crime in contravention of this law, taking into consideration the fact that the defendant has no previous conviction in the Republic of Korea, taking into account the circumstances favorable to the defendant, and taking into account the defendant's age, character and behavior, family environment, etc.

A conviction on a sex offense subject to the registration of personal information shall be confirmed.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제62조 제1항

-형법 제298조

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