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(영문) 수원지방법원 평택지원 2015.11.05 2015고단1332
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 05:00 on February 24, 2015, the Defendant discovered the victim F who was under the influence of alcohol in the course of dividing the case with D, E, victim F (n, 20 years of age), victim G (n, 20 years of age), and victim H (n, 17 years of age) at the house of Pyeongtaek-si, 409, and the Defendant used the victim's chest in both hands after discovering the victim's kne and kne. On the other hand, the Defendant continued to have kne and use the victim's chest. At the victim's h who was under the influence of alcohol due to continuous leakage in the room, the Defendant collected the victim's kne between the victim's kbbbbs and the drinking part of the victim's kbbbs, and used the victim's knish and the part of the victim's knb by using the victim's k's kne and the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Application of each police statement law to D G and H

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The part concerning F applicable sentencing guidelines for the reasons of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: [The scope of recommending punishment] the general standard of the crime of indecent act by force (subject to the age of 13 or more): the part concerning H in the basic area (6-2 or more years): the general standard of the crime of indecent act by force (subject to the age of 13 or more): the part concerning G in the mitigated area (1-1 or year), the crime of indecent act by force (subject to the age of 13 or more): the general standard of the punishment [the scope of recommending punishment] the mitigated area (subject to the age of 13 or more), the mitigated area of the crime of indecent act by force (subject to the age of 13 or more): the final sentencing scope of the mitigated punishment due to the aggravation of multiple crimes: the decision and method of the crime committed by force of June or 210, which is disadvantageous to the defendant, in light of the motive and means of the crime.

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