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(영문) 의정부지방법원 고양지원 2017.09.21 2017고단1517
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on April 17, 2017, the defendant is a person who works as a rithian company in Lestop within the territory of Pakistan. At the second floor of the same Si building C on April 17, 2017, the defendant used to work together with an employee as the above Lestop, "other tobacco smokeers" to the victim while working together with the above Lestop employee, the victim and the second floor emergency stairs of the above building are smoking tobacco from the victim and the above 2nd floor emergency stairs of the building. The victim's hump caused the victim's sexual desire, and then the victim's face is forced so that the victim's face is forced to be breath of the victim, and the victim is forced to do so, and the victim is forced to do so, and the victim's face is forced to do so, and the victim's hump is forced to do so, and the victim's hump is forced 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 D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing guidelines [Determination of types]: sex crimes, general standards, crime of indecent act by force (subject to at least 13 years of age), and type 1 (special indecent act by force) (subject to punishment by force) (subject to punishment by sentence]: Basic area of punishment; six months of imprisonment or more to two years;

3. Determination of sentence: A sentence of imprisonment with prison labor for a period of six months; the nature of the crime is not weak in light of the background and degree of the indecent act in the instant case; the victim appears to have suffered considerable mental shock; the victim has failed to receive a letter from the victim; and the victim has not been restored to the victim; and other circumstances are disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects the crime, and that it appears to have committed the crime of this case by contingency, and that it has the same record of crime.

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