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(영문) 인천지방법원 부천지원 2016.11.04 2016고합214
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 10, 2016, the Defendant committed an indecent act by compulsion against the victim D, the Defendant discovered the victim D (one person, half person, 34 years of age) in front of Bupyeong-si, Macheon-si, in front of 09:20, the Defendant committed an indecent act against the victim by making the victim’s right mar on board the victim on one hand.

2. On July 11, 2016, the Defendant committed an indecent act by compulsion against the victim F by compulsion: (a) discovered the victim F (a) who was frighted in the front of the Macheon-si Gain Park on the front of the Macheon-si Gain Park; (b) discovered the victim F, who was frighted in the front of the Matoba, and was 25 years old; and (c) committed an indecent act against the victim by getting off the Matoba and following the victim.

3. At around 00:20 on July 12, 2016, the Defendant committed an indecent act by compulsion against the victim H committed an indecent act by force on the victim H by discovering the victim H (the victim’s name, leisure, 20 years of age) who is going to go in front of Seocheon-si, Seocheon-si, with a view to getting off the victim, and then using the victim’s buckbucks once.

Summary of Evidence

1. Statements made appropriate for the accused in the first protocol of the trial;

1. Each police officer's statement of J (F), H and D;

1. Investigation report (a plucking, plucking, plucking, plucking, etc., investigation report (CCTV files and photographs attached thereto at the time of committing a crime), and accompanying photographs;

1. Application of the Acts and subordinate statutes to each photograph (Evidence Nos. 3, 5, 10, 14, 22)

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes prescribed in paragraph (3) of the same Article as the most severe punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. 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 disclosure and notification orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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