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(영문) 의정부지방법원 고양지원 2017.09.29 2017고합160
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2017, 00:40, the Defendant returned to Korea in the D Station located in Seosan-gu, Seoyang-gu, U.S., Seoyang-gu, Seoyang-gu, U.S., for the purpose of forcing the Defendant to commit an indecent act, and followed the Defendant to commit an indecent act, and the housing located in Seoyang-gu, U.S., Seoyang-gu, U.S., U.S., in the parking lot, left the floor to prevent the victim from suffering both losses from the back of the parking lot, and opened the victim over the floor. On one hand, the Defendant kept the victim’s finger with another hand while preventing the victim from suffering, and she laid the victim’s negative part above.

As a result, the defendant forced the victim to commit an indecent act, and had the victim receive an injury such as salt, tension, etc. in the trend that needs to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G (tentative name) and H (tentative name);

1. A written diagnosis of injury;

1. Application of CCTV photographs, related pictures, each related photograph, and relevant video CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 301 and 298 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Protection and Observation, the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 and the main sentence of Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for two years and six months to fifteen years;

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] shall be limited to the scope of the punishment [the scope of the recommended punishment] [the scope of the punishment] reduced range: Two years and six months to four years.

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