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(영문) 의정부지방법원 고양지원 2018.08.23 2018고단895
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant

And victims B (n, life, 20 years old) are mentally disabled persons of Grade III of each mental disorder.

1. On December 31, 2016, the Defendant: (a) committed an indecent act by force against the victim, on the part of the victim, such as: (b) in the apartment house C and the seat adjacent to the Dong-dong; (c) in the front of the victim who was seated at his/her four sides, she was able to use the body of the victim with his/her own two arms before the victim; and (d) in his/her hand, she tried to be under the influence of the victim’s entry, with the victim’s face attached with his/her face attached; (c) the victim was sounded as “ma” and she was frighted back to the face of the victim.

2. On April 8, 2017, the Defendant: (a) committed an indecent act by force against the victim, on his/her own hand, such as: (b) the victim’s knee knee knee kne kne kn; (c) the victim’s kne kne kne kne kne kne kne kne kne; (d) the victim’s knbbbbb kne kne kne kne kne kne kne kne kn on the Defendant’s knbbbs; and (e) one hand, the victim’s head kne kne kne kn on the Defendant’s knb on the Defendant’

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Application of the statutes in which part of the defendant's statement is written in the suspect examination protocol to the defendant;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16, Jan. 16, 2018); Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse; the frequency of indecent acts in this case; the frequency of the indecent acts in this case; the degree of force exercised; and other Defendant’s age, sex, intelligence, environment, motive, motive, means, means, and consequences of crimes.

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