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(영문) 인천지방법원 부천지원 2016.12.14 2016고단2553
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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 August 2016, 2016, the Defendant committed a Habman on the Habman’s August 2016, at a convenience store located in Seocheon-si B, the Defendant committed an indecent act by force against the victim D (here, 18 years of age) working as an employee, “I would have stolen any object, and would have to confirm CCTV.”

2. Around September 25, 2016, around 15:30 on September 25, 2016, the Defendant committed a crime: (a) at the convenience store specified in paragraph (1) of this Article, the Defendant called “to be engaged in beer” to the said victim; (b) led the victim’s arms by hand; and (c) committed an indecent act by force against the victim by taking the victim’s chest over by hand with his left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement statement made to E;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. The range of the recommended punishment: The second crime that has no basic field (6-2 years) of the first type (6-2 years) and the basic field (6-2 years) of the crime of indecent act by force (13-2 years of age or older) on the basis of the general standard of the crime of indecent act by force (13-2 years of age or older) (the scope of the recommended punishment) on the basis of the first type of the crime of indecent act by force (6-2 years of age or older), the basic field (6-2 years of age or more) on the basis of the aggravated punishment on the multiple crimes without a special person: Six months to three

2. Circumstances favorable to the determination of sentence: The defendant seems to have led to the confession of the crime of this case and to repent of his mistake, and the defendant has no record of punishing the same kind of crime yet. The crime of this case is the victim's age, women, and convenience store in relatively vulnerable position.

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