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(영문) 수원지방법원 성남지원 2016.07.21 2016고합107
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2015, at around 02:30 on December 21, 2015, the Defendants discovered the Victim F (tentative name, female, age 46) who is an employee who instructs the Defendants to the age club at the second floor entrance of the Eju-si, Sungnam-si, Ma-si. Defendant A left the victim's body with the wall by hand and pushed the victim's body with the wall, and folding the victim's chest and sexual part of the damaged person's chest and sexual part, and then, Defendant B took a sexual act by putting the victim's arms with the attachment of Defendant A, and breaking the victim's body into the lower part of the damaged person's chest and sexual part. Defendant B took an indecent act by breaking the victim's body into the lower part of the damaged person's body, and by taking the victim's body into the lower part of the damaged person's chest and sexual part.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site CCTVs;

1. The Defendants under the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants on probation: Article 62(1) of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Protection and observation, orders to attend lectures or orders to provide community service: The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendant B: 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 or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants are the same).

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