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(영문) 대구지방법원 김천지원 2020.02.12 2019고단807

준강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person operating company B in Japan, and the victim C (n, 27 years of age) is an employee of the above company.

On November 28, 2018, around 01:30 on November 28, 2018, the Defendant: (a) released the brode of the victim C, under the influence of alcohol, and (b) released the brode and the panty of the victim, and (c) released the frode and the frode of the victim by hand.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Details ofF dialogue, Kafgle printed materials, and output of the me-day contents;

1. Application of Acts and subordinate statutes on taxi expense receipts;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the 13 years of age or older) [the 1] general indecent act by compulsion [the scope of the recommendation field and recommendation] basic area] basic area, six months to two years of imprisonment [the general person] element of mitigation: There is no record of criminal punishment [the grounds for suspension of execution] - there is no record of execution of sentence: there is no criminal record of the same kind of crime, there is no criminal record of suspended execution or more, it is clear of social relation and contingent

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;