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(영문) 수원지방법원 안산지원 2016.12.07 2016고단4125
준강제추행등
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

Criminal facts

1. At around 01:40 on September 28, 2015, the Defendant made soup “E” on the first floor of the D Building underground in Sinung-si, Sinung-si, the Defendant reported the victim F (e.g., 40 years of age) who was divingd next to the victim, etc., and opened the victim’s bridge towards the following: Then, the Defendant rhyd the part of the victim’s bridge by hand, and raids the victim’s sexual flag into the part of the victim’s turb, and added the victim’s sexual flag into the part of the victim’s knife, and added the victim’s knife at the victim’s knife.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

2. On October 15, 2014, the Defendant: (a) acquired one copy of the No. OK C’s possession from around October 15, 2014 to December 3, 2015; and (b) returned it to the victim; (c) did not take necessary procedures, such as returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 360 (1) of the Criminal Act (the crime of quasi-indecent act by compulsion), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) does not agree with the victims, but considering such factors as the confessions and reflects of the defendant, the damage from the embezzlement seems to be returned to the victim

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. None of the previous provisions of Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and

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