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(영문) 의정부지방법원 2018.05.17 2018고단566
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2017, the Defendant committed an indecent act by taking advantage of the victim F (the remaining, 54 years of age)’s resistance and taking advantage of the state of resistance impossible, such as rhythming the victim’s resistance in E Syna and soup, which is located in Donyang-si, Namyang-si, Namyang-si.

The Defendant continued to commit an indecent act, such as continuing to use the victim G (ma, 43 years of age) and the victim H (ma, 13 years of age)’s rhythm by using the victim’s body as his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Evidence photographs;

1. 112 A list of reported cases;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 299 of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense;

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. In light of various circumstances, such as the background leading to a crime recognized by the evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant’s behavior before and after the crime, determination of the defendant’s mental disorder pursuant to Articles 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes, it cannot be deemed that the defendant had no or weak ability to discern things at the time of the crime, while under the influence of alcohol.

Reasons for sentencing

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Each compulsory indecent act [types] crime of indecent act committed on the basis of general standards (subject to 13 years or more) and the basic field of the first type (decision in the sphere of recommendation] (decision in the sphere of recommendation] (decision in the sphere of recommendation] [the scope of punishment] 6 months to 2 years;

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months nor more than three years and eight months;

3. Determination of sentence: (a) the method, mode, etc. of the instant crime and the liability for the instant crime are not less complicated;

However, the defendant's mistake.

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