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(영문) 의정부지방법원 2016.05.13 2015고단3952
준강제추행등
Text

A defendant shall be punished by imprisonment for six 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 March 8, 2015, around 00:30 on March 8, 2015, the Defendant: (a) at the D Housing House 302 heading room; (b) at the 302 heading room where the Defendant living in Namyang-si, and (c) at the victim E (the victim E (the 38 years of age) who was an interested party; and (d) at the breathing dispute with the breath, the Defendant heard the desire of the injured party; and (b) taken the victim’s face by drinking the breath’s left hand; and (c) took the victim’s face at around 5-6 heading, the Defendant 5-6 heading the victim

2. A quasi-indecent act Defendant entered the new wall time zone of March 8, 2015 at the small room of 302 heading rooms, and was frightened by a victim who was under the influence of alcohol. The Defendant was frightened with the victim’s shoulder.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement protocol by the police for E;

1. A written statement;

1. On-site investigation reports;

1. A medical certificate of injury and a medical opinion;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Articles 299 and 298 of the Criminal Act (the point of forced indecent act) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. In the case where the degree of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the Grounds of the Punishment, etc. of the Order to Attend the Course is weak, the final sentence according to the increase of multiple crimes (one month to one year), where the degree of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is weak, where the defendant committed a crime without any special sentencing [the scope of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes] (the scope of recommended punishment] (the scope of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the Grounds of the Punishment, etc. of General Bodily Injury [the scope of punishment under Article 16(2)] (the scope of punishment under Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes] (the defendant made a judgment on the part of victim

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