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(영문) 의정부지방법원 2017.01.24 2016고단5091
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. On October 19, 2016, the Defendant committed an indecent act by force within the “C” in the Guri-si operated by the victim B (n, 56 years of age) on October 19, 2016, by committing an indecent act, such as: (a) the victimized person, while drinking alcohol together with the victim, forced the victim’s body above the floor to fit the victim’s body; and (b) the victim’s human body to injure the victim.

2. The defendant was in the crebal of the victim who was under the influence of alcohol at the same time, place, and the other victim was in his hands.

On the other hand, 80,00 won in cash was stolen in half and clock, victim's clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. A criminal investigation report (CCTV), and a criminal investigation report (CCTV image confirmation report);

1. Application of the Acts and subordinate statutes concerning seized articles photographs, photographs on the face of a crime, and CCTV-recording CDs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

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 suspended execution;

1. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing of the first crime (sex crime) [the scope of recommended punishment] No. 1 of the mitigated area (13 years or more) (1 month or year to 1 year) (the person subject to special mitigation] of the mitigated area (2 years or more) [the scope of recommended punishment] of the mitigated area (4 months or October) of the mitigated area (2 months to 10 months) of the mitigated area of general property [the scope of recommended punishment] of the mitigated area (2) of the mitigated area (4 months or more of the mitigated area of general larceny] of the mitigated area (the person subject to special mitigation] of the aggravated punishment: April or January 1 and May [decision] of the instant compulsory indecent act; further, the Defendant has committed the instant indecent act with a considerable sense of sexual humiliation to the victim of the instant indecent act; the Defendant needs to be punished on two occasions after the indecent act committed on the part of the Defendant.

However, the defendant each of the instant cases.

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