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(영문) 의정부지방법원 2012.11.29 2012고단2351
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The information on the accused shall be disclosed through an information and communications network for two years.

Reasons

Punishment of the crime

On June 4, 2012, around 04:00, the Defendant tried to get off the victim D (son, 43 years of age) from the victim's her knife in front of the community service center in Macheon-si, Macheon-si.

Therefore, the victim set the defendant's hand, laid the victim with the defect of the resistance, laid the neck, laid the buck, and tried to keep the chest out.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where the registration of personal information of a sexual crime under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

The two types of punishment [decision of the type of punishment] types 1 [Decision of the recommended area] of the crimes of indecent act by force among sexual crime groups [Decision of the recommended area] [Decision of the recommended area] [Decision of the recommended area] [Decision of the recommended area]] 6 months to 2 years [No criminal punishment] [No major reason for the suspended execution] - there is no general reason for writing: there - there is no criminal record of the same kind of crime and no criminal record of the suspended execution (self-esteem reasons): / Decision of the sentenced amount of punishment / 8 months (Decision of the sentenced amount of punishment) imprisonment with prison labor for 8 months (Decision of the sentenced amount of punishment in a violent manner, which shows that it was committed by indecent act of the women who were going through the night, and that it was committed by a victim who wanted to be punished, and thus, punishment shall be imposed as a sentence: Provided, That it is considered that the term of punishment has been fixed

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