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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a de facto marital relationship that has been living together with the victim C(n, 60 years of age) and about two years of age.
1. 강제 추행 치상 피고인은 2017. 10. 27. 21:10 경 의정부시 D, 303호에 있는 피고인의 집에서, 지난 추석 때 피해자와 피해자의 아들이 함께 있었던 상황에 대해 아들과 부적절한 관계가 있는 것이 아닌지 의심하여 피해자를 추궁하던 중 피해자가 이를 인정하지 않자 화가 나 침대에 앉아 있는 피해자의 얼굴을 주먹으로 수차례 때리고, 피해자의 바지와 팬티를 벗긴 후 피해자에게 “ 니 년 이 자궁을 부숴 버린다.
“Along with the long time of the victim’s drinking, the victim suffered bodily injury, such as a low-speed heat hold, which requires approximately three weeks of medical treatment by sticking a paint on the part of the victim.”
Accordingly, the defendant forced the victim to commit an indecent act, thereby causing injury.
2. The Defendant, at the time, at the time, and at the place specified in paragraph 1, has excessive excess, which is a dangerous object that was at the seat of the Defendant, in order to avoid the said action, and proceeds from the Defendant and the Victim, and throw away the Defendant “absing.”
The phrase " was frightened."
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A copy of a report on investigation (including submission of a general medical certificate and a copy of medical records), each medical certificate, and a medical record;
1. Application of statutes, such as photographs of victims;
1. Relevant provisions of the Criminal Act and Articles 301, 298 of the Criminal Act concerning the crime, the choice of punishment, and Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation, the choice of imprisonment with labor);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the aggregate of the long-term punishments of the above two crimes as provided for in the crime of bodily injury resulting from heavy indecent conduct);
1. Article 53 of the Criminal Act for mitigation of amount;