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(영문) 춘천지방법원 속초지원 2018.05.02 2017고단211
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 11, 2017, the Defendant, “2017 Godan 2111,” committed an indecent act by force against the victim, such as the victim’s bat at home, and the victim’s bat around 22:10, 201, when the victim d (at 58 years of age) was under a mixed drinking at home operated by the victim D (the victim was the victim’s house, and bat back to the entrance of the victim, even if the victim was batd, the victim was batd up to the head of the house, and batd from the side of the victim’s own back, batd the victim’s chest, and batd against the victim’s bat.

On December 21, 2017, the Defendant: (a) around 19:20 on December 21, 2017, 2017, the Defendant: (b) around 19:20, at the entertainment bar operated by the victim D (the victim of the said forced indecent act case); (c) demanded the victim to talk with the victim while demanding the victim to commit the said indecent act; and (d) continued to interfere with the victim’s main business by force for about one hour, such as: (a) the victim was deprived of the entrance of the locking place; and (b) the victim was driving away from the door.

Summary of Evidence

"2017 Highest 211"

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. 112 Reports, 112 Reports, and field photographs of each site. "2018 Heights 106";

1. Statement by the defendant in court;

1. Statement made by the police preparation with regard to D;

1. Application of the Acts and subordinate statutes governing the arrest and reporting of the occurrence of a case, internal investigation reports (fields and details of statements made by victims), and 112 reporting and handling of a case;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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