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(영문) 수원지방법원 안양지원 2019.07.17 2019고단701
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2018, at around 21:30, the Defendant committed an indecent act on the part of the victim D (Gam, n, 27 years old) who was holding the Defendant’s right angle in front of the front line of the Defendant at the Gu building B, and the C cafeteria located on the first floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D (alias) and E (alias);

1. Application of Acts and subordinate statutes on site photographs

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Application of the sentencing guidelines [Determination of type] and the general standard for the crime of indecent act by compulsion (subject to 13 years of age or older): In cases where the exercise of tangible force is considerably weak, where the degree of indecent act is weak, no penalty shall be imposed [the scope of recommendation and recommendation], special mitigation area, one month to one year from imprisonment [whether suspended or not]: In cases where the exercise of tangible force is considerably weak in indecent act by indecent act, the degree of indecent act in the crime of indecent act is weak, the penalty shall not be imposed;

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

D. Unfavorable circumstances: The crime of this case is that the victim, who had no common sense of being drunk by the Defendant, her block, is damply block, and the nature of the crime is not weak in light of the type of crime, etc.

The crime of this case is committed.

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