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(영문) 대구지방법원 2018.07.12 2017고단5660

강제추행

Text

Defendant

B A person 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

Defendant

B on August 3, 2017, at around 03:00, on the E main set side of E in Busan City, for the reason that the victim A (30 years of age) committed an indecent act against the Defendant’s pet, the victim was dissatisfied with the victim, and the victim’s face was taken once again from the mouths in the vicinity of the G convenience store, and the victim’s face was taken once again once again from the mouths, and the victim’s face was taken one time again before the G convenience store, and the victim’s face was taken one time again in the vicinity of the G convenience store.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of the witness H;

1. A protocol concerning the examination of the suspect of each police officer against the defendant A;

1. Investigation report (A photograph of the suspected person A), internal investigation report (Attachment of a medical certificate) - Application of each statute;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for the sentencing of Article 62-2 of the Social Service and Criminal Act [the scope of recommending punishment] The general injury (type 1) to the general injury (type 1) shall be mitigated (two months to one year), [the person subject to special sentencing] who is not subject to punishment [the person subject to special sentencing] shall be sentenced without any reason different from that of the sentence, thereby causing injury to the victim, and the defendant may have the same power.

However, in light of the circumstances that are favorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentencing conditions specified in the records and arguments shall be determined as ordered by taking into account the following circumstances: (a) the defendant was committed in the instant case; (b) the degree of injury is relatively heavy; and (c) the victim does not want the punishment of the defendant; and (d) the victim

The acquittal portion

1. The summary of the facts charged is that Defendant A, at around 03:00 on August 3, 2017, 201, she brought alcohol to the victim F (F, 27 years of age) who found a toilet for drinking alcohol, brought alcohol to the victim F (P, 27 years of age) and suffered damage by hand.