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(영문) 수원지방법원 안양지원 2017.07.19 2017고단624
강제추행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 26, 2017, the Defendant forced indecent act committed an indecent act by force against the victim, by inserting the victim’s D (V, 59 years old), who is female employees, into the part of the victimized party, inserting the victim’s knife, making the victim’s knife in the part of the victimized party, making the victim’s knife a part of his knife, and exposing the victim’s chest with his knife.

2. The Defendant interfered with the business of the Victim E by force by avoiding a disturbance for about 30 minutes for a female guest who is unable to know the name he/she saw and talked with sound at the stage installed at the main points specified in the above paragraph (1) at the same time as the above paragraph (1). The Defendant interfered with the victim E’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) 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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order of Community Service and Order to Attend shall be sentenced to [the scope of recommended sentences according to the sentencing guidelines] - The crime of compulsory indecent act committed under the general standards - The mitigated area (one month or one year of imprisonment or more) (the crime of general indecent act committed under the general standards) - The mitigated area of punishment (one month or more to one year of imprisonment) - The mitigated area of imprisonment (one month or month to eight months of interference with the duties) - The mitigated area of special mitigated area of punishment (the crime of interference with the duties) - The scope of the final recommended sentence of punishment for the aggravated multiple crimes of punishment: Imprisonment of one month or one year and four months (the decision of suspension of execution pursuant to the sentencing guidelines): The crime committed under the suspension of sentence - the circumstances and content of the crime, and the degree or degree of the crime committed under the same kind of punishment, despite the fact that several criminal offenses were committed.

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