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(영문) 수원지방법원 안양지원 2017.07.07 2016고단1809
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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 June 21, 2016, at around 01:00, the Defendant forced indecent act committed an indecent act on the part of the victim E (the victim E (the victim 48 years old) related to the f, an employee at the restaurant of the Defendant’s operation, with F, who was an employee at the restaurant of the Defendant’s operation. The victim was able to take the back on the back seat of the driver’s f, and the victim was unable to properly resist while driving. As the victim was unable to resist due to his/her driving, he/she was willing to commit an indecent act against the victim, and committed an indecent act by forcing the victim by making the victim’s buck and chest only several times until he/she got off “H” on the road located in Ansan-si at his/her place.

2. From around 01:30 on the same day as the above paragraph 1, the injured Defendant expressed the victim’s abusive behavior in front of the above “D” restaurant to the above “H” road, and expressed the victim’s abusive behavior in front of the Defendant’s above paragraph 1, thereby making it possible for the victim to take back back the back of the victim’s body due to drinking, and by walking the victim’s right face face face due to the outbreak, the injured Defendant saw the victim a part of the inner part that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E and the legal statement of witness F in part;

1. Statement made by the police with regard to F;

1. A recording file CD;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend (the scope of punishment according to the sentencing guidelines) is due to [the scope of punishment for compulsory indecent acts] - the basic area of punishment for compulsory indecent acts under the general standard (the target of 13 years or more) (the term of imprisonment from June to 2 years) (the term of general indecent acts) (the term of imprisonment from June to June) - the basic area of non-special sentencing (the term of general bodily injury) No. 1 (the term of imprisonment from April to June) (the term of one year and six months) - the special sentencing factor.

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