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(영문) 인천지방법원 부천지원 2016.08.24 2016고단1326
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2015, at around 21:14, the Defendant committed an indecent act against six victims from around 21:05 to October 22:35, 2015, including that the Defendant was able to drive away the victim D (n, 23 years of age) who was returning home, and that the Defendant committed an indecent act against the victim, as described in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each video statute in the screen (No. 16 No. 5 of the evidence list) following a CCTV closure;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Crimes No. 2 of the No. 1 of the scope of the recommended punishment [the scope of the recommended punishment] Crimes No. 1 of the basic area (6-2 years to 3 years) (the scope of the recommended punishment] of the No. 1 of the Act on Indecent Acts (the subject of 13 years or more) (the subject of 13 years of age or older) (the scope of the recommendation] of the basic area (6-2 years to 13 years of age or older) of the No. 1 of the Act on the Punishment of Indecent Acts (the subject of 13 years of age or older) (the scope of the recommendation] of the No. 3 of the basic area (the scope of the recommendation] of the No. 1 of the Act on the Punishment of Indecent Acts (the subject of 13 years or more) (the subject of 13 years of age or more), the basic area (6-2 years to 3 years or more) [the scope of the final punishment according to the increase of the punishment due to no special sentencing person]

2. Normal circumstances favorable to the determination of sentence: The Defendant seems to have led to the confession of the instant crime and to repent of his mistake; the Defendant had no record of criminal punishment before the instant crime was committed; and the Defendant agreed with only one of the victims, which led to an indecent act committed by an unspecified female, and the crime in this case is deemed to be very poor, and the victim’s shock and mental suffering is deemed to have been considerable.

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