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(영문) 대전지방법원 천안지원 2016.05.03 2016고단47
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 July 17, 2014, the Defendant was aware of it in his domicile at Asan City B 202 around 02:40 on July 17, 2014.

C's dynamic D, victim E (n, 21 years old), and victim F (n, 19 years old), were living together with C, while under the influence of alcohol, the victim E, who was divingd on the room floor that was under the influence of alcohol, had expressed his intention of refusal, was her chest and turb in order to walk on the floor, and the victim F, who continued to be living on the side, was able to talk with his chest and turb, and was able to talk with the victim F, who continued to be living on the side, was cut off, and her fingerd into the panty.

As a result, the Defendant committed an indecent act against the victim E in the above manner, and the victim F, which is in an impossible condition to resist because he was forced to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and F;

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with prison labor;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. Crimes 1 of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes ordered to disclose or notify, and Article 49 (1) of the Act on the Protection of Juveniles from Sexual Abuse; Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse / [the scope of the recommended punishment] general standards for the crime of indecent acts in the mitigated area (1th to 1 year) (1th to 1 year), Article 1 of the Act on the Punishment, etc. of Forceful Acts in the mitigated area (the scope of recommendation] (the crime of indecent acts in the special mitigated area) [the scope of punishment] Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Punishment, etc. of Sexual Violence Crimes [the scope of punishment] Article 1 of the Act on Special Cases concerning the Punishment, etc. of Juveniles from Sexual Abuse; Article 50 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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