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(영문) 광주지방법원 2021.01.27 2020고단5881
강제추행
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 03:30 on August 23, 2020, the Defendant discovered the victim D (the age of 24) who was mixed on the road near the Da Park in Gwangju-dong, Gwangju-gu, and tried to commit an indecent act against the victim while driving the victim's own cargo to the chief of his own cargo, set the victim's above cargo on the E-board located in the Southern Gun, and attempted to get the victim's knife and forced the victim's knife on the back of the cargo, followed the victim's knife from the cargo vehicle to the back of the cargo vehicle. After the victim's refusal, the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 16 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes and Article 16 (2) and the main sentence of Article 56 (4) 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 Persons with Disabilities Act;

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

(b) [Attachment 1] [Attachment 1] of the crime of forced indecent conduct (subject to 13 or more years of punishment ] General Indecent conduct (subject to 13 or 3 years of punishment): In terms of aggravation of punishment - Indecent conduct (subject to special sentencing : scope of recommendation and recommendation): Basic area of the victim who is vulnerable to the crime [the scope of recommendation and recommendation], six months to two years [general sentencing] - In terms of mitigation factors: In terms of serious reflective reasons - The victim who is vulnerable to the crime - the victim who is not subject to punishment - The victim who is not subject to general affirmative reason: there is no criminal conviction above the suspended sentence of imprisonment without prison labor, contingent crimes, serious reflects, and the defendant's identity.

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