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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1546
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 February 9, 2016, the Defendant assaulted the victim E (V, 57 years of age) who had maintained internal ties from the front of the D cafeteria located in the north-gu, North Korea at a port on February 15:0, 2016, only one time to hear horses, and use the part of the victim’s luminous bones to the right side of the victim’s right side by drinking the horses.

2. On February 26, 2016, the Defendant committed an indecent act by force against the victim, such as: (a) finding out the victim who returned home from the front stairs of the victim’s residence south-gu F at the port of port on February 10, 2016; (b) making the victim aware of his/her intention to forcibly commit an indecent act; and (c) inducing the victim to have his/her knee, knee, knee; and (d) intending to attract the victim who refused to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G (the identity of a victim);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act (the point of compulsory indecent act, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the scope of the total of the long-term punishment for two concurrent crimes with heavier punishment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, including observation of protection, order to provide community service and attend lectures, Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of the final sentence according to the aggravated punishment that has no basic area (including six months of imprisonment or two years of imprisonment), the basic area (referring to six months or more to two years of imprisonment) of Class 1 of the sentencing guidelines (the scope of recommended punishment) (the scope of punishment by violence) [the scope of recommended punishment] and the basic area (referring to two months or more of imprisonment or ten months of general assault) of Category 1 of the sentencing guidelines (the person subject to special sentencing] (the person subject to special sentencing] of the basic area (referring to two months of imprisonment or ten months of imprisonment): Imprisonment with prison labor for six months or imprisonment for two years or more;

2. Circumstances unfavorable to the decision of sentence: To assault a victim who refuses to meet with the victim and make a forced indecent act, etc.;

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