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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단2847
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor 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 07:30 on June 1, 2019, the Defendant, who was locked in C Saw or male waters located in B at Paju, was able to resist, and the victim D (the age of 19)'s buckbuck in the state of her failure to resist, which led to the occurrence of the victim's sexual organ, and the victim's sexual organ was bucked with the victim's sexual organ, and the victim's sexual organ was bucked, and the victim's sexual organ was able to resist.

Summary of Evidence

1. The facts of indecent conduct are all recognized, but the defendant has not been able to resist because the victim has broken up at the time of his sexual organ."The defendant's partial statement is the purport and the defendant's statement in court;

1. Application of Acts and subordinate statutes concerning D police statements;

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. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

3. The punishment shall be determined by taking into account the following circumstances: (a) the degree of indecent act committed by the defendant was very serious; (b) the fact that the defendant has been sentenced to a fine of the same kind; (c) the fact that the defendant was sentenced to a fine of the same kind, except for his/her unfavorable circumstances or legal assertions; (d) the fact that the victim does not want the punishment by mutual consent with the victim; (e) the victim does not want the punishment; and (e) circumstances favorable to the fact that the crime was committed with strong tangible power is not committed; and (e) other circumstances, such as the defendant’s age

judgment on the registration of personal information.

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