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(영문) 전주지방법원 2017.05.19 2017고단395
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant, on November 21, 2016, committed an indecent act by force, at around 02:00, the female lodging room located in “D” located in “D,” in Jeju Island, committed an indecent act by force against the victim by taking care of the victim’s chest by hand, preventing the victim from leaving the victim’s chest with the defective arms and legs he/she intends to deviate from it, and by taking care of the victim’s her knife with his/her knife and her knife with his/her knife, and committing an indecent act by force.

2. A quasi-indecent act: (a) the Defendant discovered the Victim F (F) in a situation where the Defendant was unable to resist due to locking at the date, time, and place under the above paragraph (1); (b) forced indecent act committed an indecent act by taking advantage of the victim’s resistance impossible condition by taking the victim’s chest and the sexual part of the victim’s chest and sexual part in the victim’s hand, and sparing it from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each complaint filed by E and F;

1. Investigation report (Dct v Confirmation);

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act and Article 299 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 299 of the Criminal Act (the point of quasi-voluntary indecent act and the choice of imprisonment);

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Review of the sentencing criteria;

(a) Class 1 (Indecent Acts by General) and Class 2 (Indecent Acts by Compulsory Reductions) (the scope of recommending punishment) are not subject to punishment in the mitigated area (one month to one year) (the person subject to special mitigations) (the person subject to special mitigations).

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one month to one year and six months;

2. The fact that the defendant in the decision of sentence recognized all the crimes of this case, the defendant agreed to both with the victims, and the defendant has no record of criminal punishment in addition to the fine imposed once for the crimes of this case.

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