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(영문) 대구지방법원 2019.01.10 2018고단4754

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2018, at around 00:20, the Defendant committed a crime against the victim B (a) in a female toilet located in Daegu North-gu, Daegu-gu, in a female toilet according to the victim B (name, leisure, age 19) who intends to see a uri, the Defendant forced the victim to commit an indecent act by entering a female toilet, and saving the victim’s body, suppressing the victim’s resistance, suppressing the victim’s hand, and putting the victim’s hand into a knife with the knife and part, and forcing the victim to commit an indecent act.

2. On September 25, 2018, around 00:51, the Defendant discovered the victim E (the family name, the 32-year age), who was cutting the crosswalk in a nearby Felon in Daegu Northern-gu G, and subsequently, kidd the victim by using both arms, and committed an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E (alias) and B (alias);

1. Application of Acts and subordinate statutes to report internal history (Attachment of field photographs), on-site photographs, and report on internal history [Attachment of CCTV, etc. before and after committing a crime against the victim E (alias), CCTV photographs, and report on internal history [the specified time period for committing a indecent act by force against the victim E];

1. Relevant provisions of the Criminal Act concerning the facts constituting a crime, the choice of a punishment, and the choice of imprisonment under Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Grounds for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Application of the sentencing criteria;

(a) The basic area (six months to two years) of the first crime (a person who has no special relation) on the basis of the general standard of the crime of indecent act by compulsion (a person who is at least thirteen years of age);

B. The scope of the final sentence due to the aggravation of punishment as to the reduction area (one month to one year), the mitigation area (one month to one year) of the crimes of indecent act by compulsion (subject to the age of 13) on the general standard (the scope of recommendations): six months to two years.