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(영문) 수원지방법원 안양지원 2017.02.10 2016고단1364
강제추행
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

On July 5, 2016, the Defendant: (a) around 03:52 at the 4th floor of the Gu C Building in Ansan-si, and completed the calculation of drinking with the victim E (n, 28 years of age, household name) who is an employee, and (b) had the victim look at and attempt to commit an indecent act against the victim, and (c) had the victim reported the victim at the bee rest, and attempted to open a door of the common part in which the victim was a female toilet with the victim's entry, and opened the door in which the victim was the victim's left hand, and opened the door in which the victim was the victim's left hand, and opened the victim's seat back with the victim's left hand, and then the victim gets off the victim's upper part of the victim's hand without resistance, and then put the victim's chest into the victim's chest and her chest back with both hand and the victim's chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and E;

1. Report of investigation (Confirmation of the place where this case occurred);

1. Application of statutes on site photographs;

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 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] - The mitigated area (one month to one year of imprisonment) where compulsory indecent conduct is committed by one of the types (the crimes of forced indecent conduct committed by general force) under the general standards - The person who is subject to suspended sentence - 2 years of suspended sentence in August of imprisonment with prison labor : The person who is not subject to suspended sentence - the crime is not subject to suspended sentence - 2 years of imprisonment with prison labor : The fact that the crime was committed by the victim, and the degree of fear and sexual value deliberation, etc. - The fact that the crime was very heavy in light of the background and content of the crime, the form and the degree of the behavior committed by the victim, the degree of the victim's fear and sexual value deliberation, and the fact that the victim does not want punishment

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