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(영문) 창원지방법원 통영지원 2016.08.12 2016고단738
준강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On November 8, 2015, the Defendant, at around 04:13, 2015, committed an indecent act against the victim B, committed an indecent act on the part of the victim B, following the victim B (the 44 years old), who was diving at the 7th floor of the building C, Dongducheon-si, Dongducheon-si, and then pushed back the victim’s body, and satched the victim’s chest by sating the victim’s body.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) passed by the victim E (the 20-year-old age) who finds an erroneous place in a soup room set forth in paragraph (1) around 04:30 on the same day, and 3 times as his/her her her tumm tums were revealed by hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

3. On the same day, the Defendant committed an indecent act by force against the victim F, who was locked at the soup room, such as the victim F (at the age of 56) who was locked at the time set out in paragraph (1) around 04:38, followed up the victim F (at the age of 56), set up a bridge on the victim’s her brith, and drawn up the victim by hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to CCTV photographs and recording records;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act in a densely concentrated place) 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 stay of execution (a favorable circumstance between the following grounds for sentencing);

1. Although the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not good in light of the means and results of the instant crime, the victim B and F does not want to be punished against the Defendant.

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