logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2020.04.23 2020고합27
강제추행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for three years from the date the above judgment becomes final.

Reasons

Punishment of the crime

The defendant drinked B, C, and C, and C were sexually female-friendly job victim D (the family name, the female-friendly job victim, the age of 19).

1. The Defendant committed indecent act by compulsion on March 2, 2020, around 06:17, at the front stairs of the Felel G door in South-Namnam-gun E, put the victim and the convenience store, put the victim’s own right hand hand hand to be pushed down with the wall, put the victim’s hand into the victim’s clothes, and detained the victim by force.

2. A similar rape on March 2, 2020, around 06:37, at the place mentioned in the above Paragraph (1) above, the Defendant was faced with the victim himself/herself in a convenience store with the victim, and the victim was faced with the victim, her being pushed away with the wall, forced him/her into the part of the victim, and her left hand was collected into the part of the victim, and her chest was stored in the part of the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of B, H, and D;

1. A gene appraisal report;

1. Application of CCTV CD-related Acts and subordinate statutes, such as field photographs;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 297-2 of the Criminal Act and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of each of the crimes above] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

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 and notify information and an employment restriction order, and children and juveniles;

arrow