logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.10.13 2016고합156
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 23:00 on May 14, 2016, the Defendant attempted to drink the alcohol at the Dyna club located in Kimhae-si, but the Defendant was able to discover the victim F who scam in the vicinity of Kimhae-si, and to commit an indecent act. At around 04:10 on the same day, the Defendant was able to detect the victim Fscam in the same day when scam and come home, and at a certain distance, followed the victim’s back at the Dyna road, followed the victim’s back, and knife the victim’s body and knife the victim’s knife with one hand, and prevented the victim from resisting the victim’s knife with the victim’s knife, and forced the victim to knife with another hand, and caused the victim to commit an indecent act for 14 days by forcing the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A photograph of the injured party, or a written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (as to the part of injury of a victim);

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

arrow