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(영문) 전주지방법원 2016.08.26 2016고단908
강제추행등
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

1. On March 12, 2016, the Defendant forced indecent act: (a) around 08:00, at the house of the victim C (the son, 24 years of age, and Gain) located in Jinjin-gu in Jeonjin-gu, Jeonjin-si; (b) attempted to do so to do so to the victim, but the victim was able to do so, but the victim kiscing the kis, kids, and rejected it; (c) made the victim kisck, ksck the ksck’s ksck, ksc

2. The injured Defendant: (a) temporarily and at the same time and place as Paragraph (1) No. 1, prevents the injured person from drinking the chest as above; and (b) intending to kill another male because the Defendant and the injured person were hedging.

In other words, on the ground of the fact that there is a fire, the victim's trees are scleeped by the left hand, and the victim's side scleeps several times, and the victim's face, side sclurgs, etc. continued to walk the victim's side by drinking, and the victim suffered injury, such as a high wave that requires about four weeks of medical treatment, a part of the inner part, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 298 of the Criminal Act (the point of forced indecent conduct 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act;

1. Review of the sentencing criteria;

(a) Class 1 (Crime of Indecent Acts by Forced Conduct) (Scope of Punishment) basic area (referring to imprisonment with labor for not less than 6 months from 6 months to 2 years);

(b) Class 2 Crimes (Crime of Inflicting) [Scope of the Punishment of Bodily Injury] General : The basic area ( Imprisonment with prison labor for up to four months from January to June).

C. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months from February to September 2.

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