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(영문) 대구지방법원 영덕지원 2015.11.11 2015고단187

준강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. From 02:30 on July 31, 2015 to 05:30 on the same day, the Defendant committed the crime against the victim D, on the floor of the 10th floor in Songpa-gu Seoul building E, Songpa-gu, Seoul, as well as on the 10th floor, discovered the victim D (the age of 17) who was divingd from the 10th floor of the building E, and got out of the 17th floor above the knives, taken the victim's knife toward the knife, and brought the victim's knife toward the knife on the knife.

Accordingly, the Defendant committed indecent act against the victim who is in a state of mental or physical disability or impossibility.

2. On July 31, 2015, around 04:45, the Defendant committed a crime against the Victim F, committed an indecent act against the victim F at the same location as indicated in paragraph (1), discovered the Victim F (n, 21 years old), who was divingd in the same manner, and who she was able to enjoy in the future, committed an indecent act against the victim at one’s own risk, by harming the victim’s birth, thereby making it difficult for him/her to resist, or to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. An investigation report (as to on-site CCTV investigations), - Application of the Acts and subordinate statutes by capturing CCTV images;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the defendant has agreed with the legal representative of the victim D and the victim F, the fact that the victim's indecent act is relatively minor, the defendant is divided into crimes in this court and reflects the fact that the defendant has no criminal history, and there is no criminal history for the defendant)

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the punishment of sexual crimes, etc.