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(영문) 수원지방법원 2016.04.21 2016고단659
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 12, 2016, the Defendant met the 'D' front of the 'D' in the wife population C' on the front of the 'D', which is located in the wife population C, and the Defendant continued to commit an indecent act by force against the victims of the 'E (n, 20 years of age) who was walking in the front of the 'D' due to the 'A' that was fright from the 'A' side of the 'A' and the 'A's side of the 'A',

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the investigation report (probed statement and investigation);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, 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. Article 62-2 (1) of the Criminal Act on the observation of protection;

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. Sentencing criteria;

(a) No 1 crime (the scope of recommended punishment) is the basic area (6 months to 2 years) (the basic area (the person subject to special sentencing) of the first type of indecent act (the person subject to 13 years or more) under the general standard;

(b) Class 2 crime [Scope of Recommendation] In the mitigated area (one month-one year-one year-one year-one year-one year-one year-one year-one year-one year-one year-year-one person] of the crime of indecent act committed by force (subject to above 13 years) based on the general standard

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. The sentencing took into account the content and method of the instant crime and the fact that the Defendant had been punished as a fine for the same kind of crime even before the instant case committed an indecent act by force on the road by deceiving the victims of the crime on the road, the crime’s nature is not less than that of the crime.

However, considering the fact that victims E is not subject to punishment for the defendant, the fact that the defendant is receiving treatment at the third level of mental disorder, and other various sentencing conditions and sentencing guidelines that are shown in the records, such as the defendant's age, sexual behavior, family relationship, etc., shall be determined as shown in the disposition.

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