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(영문) 수원지방법원 안양지원 2016.09.28 2016고단1356
강제추행
Text

A defendant shall be punished by imprisonment for four 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 August 14, 2016, the Defendant: (a) was on the road in the Manan-gu, Manyang-si; (b) was on board a private taxi operated by the Victim D (name), and was on the home of the Defendant, the destination of the Defendant; (c) the Defendant recommended the Defendant to make an illegal internship; (d) the Defendant refused it; (c) turned away the victim’s right arms with his left hand; and (d) “I am flick with her husband, who was on the part of the Defendant; and (d) why this was why this was caused;

Bal, if any, cab driving;

씹팔 년” 이라고 욕설하고, 이에 놀란 피해자가 112에 신고 하자, 갑자기 피해 자가 저항할 겨를도 없이 운전석에 앉아 있던 피해자의 우측 가슴 부위를 피고인의 왼손 손가락으로 1회 꾹 눌러 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of punishment according to the sentencing guidelines] - The special mitigation area (one month to one year of imprisonment) is special mitigation area (one year of imprisonment with prison labor) under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend (the scope of punishment according to the sentencing guidelines) - Where the degree of conduct is weak, 2 years of suspended sentence in April of punishment [the sentence] - Unfavorable circumstances: The victim was sentenced to suspended indictment twice as of 2015; the victim committed an indecent act on the chest of the victim; favorable circumstances before and after the commission of the crime; the victim does not want the punishment against the defendant; the degree of punishment against the defendant; the defendant's personal information is relatively not registered; the defendant's occupation and family relation are not registered; the defendant's personal information is not registered.

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