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(영문) 대구지방법원 포항지원 2016.08.11 2016고단700

강제추행등

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

The defendant, who had a relationship with the victim C (I, 19 years of age), had a humbane in 19 years of age, had a humbling dispute.

1. On February 17, 2016, the Defendant forced to commit an indecent act: (a) around 19:00 on the victim’s home located in Ulleung-gun D, and (b) took the victim’s “Isrier” for the said reason; (c) but (d) the victim refused to take part in the victim’s arms; (d) forced the victim to take part in the arms; and (e) forced the victim to take part in the bridge, and forced the victim to take part in the bridge.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. In the time and at the place specified in paragraph 1, the injured Defendant: (a) sealed the victim’s face on two occasions with his/her hand floor; (b) 15 times with his/her hand floor; and (c) taken the victim’s head and cream on 15 occasions; and (d) taken the victim’s head over three times with his/her hand floor depending on the victim’s escape; and (b) taken 15 times the victim’s head and head beyond the hand floor.

As a result, the Defendant brought the victim with a multi-mediate scambry which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for C (victim) and E (p) respectively;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier punishment)

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, including observation of protection, order to provide community service and attend lectures, Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The second crime (sexual crimes) of the sentencing criteria is a violation of the Act on the Punishment, etc. of Specific Crimes and the Act on the Punishment, etc. of Specific Crimes and the Act on the Punishment, etc. of Specific Crimes and the Act on the Punishment, etc. of Specific Crimes and the Act on the Punishment, etc. of Specific Crimes and the Act on the Punishment, etc. of Specific Crimes.