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(영문) 대구지방법원 포항지원 2017.09.21 2017고단590

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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, at around 04:00 on October 16, 2016, at a small room of 102 Dong-dong 1110, a defendant's house located in North-gu, North-gu, North-gu, the north-gu, the defendant: (a) was unable to divide the victim's shoulder by his/her own hand, who was in mind of committing an indecent act against the victim's E (the 54 years old); and (b) prevents the victim from leaving the victim's shoulder by his/her own hand, and (c) throw away the sound from the victim.

"At the time of the victim's failure to resist against the victim", the defendant's entrance was in the state of alcohol of the victim and continued to place the defendant's hand in the panty of the victim and the victim's panty.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is judged, the reasons for sentencing [the scope of recommended punishment] are the general criteria for sentencing.