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(영문) 대구지방법원 2015.09.15 2015고단3430

강제추행등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 강제추행 피고인은 2015. 2. 26. 04:10경 술을 마신 채 귀가하던 중 대구 중구 C에 있는 ‘D’라는 상호의 칵테일 바 앞길에 이르러, 그곳에 있던 외국인 남성을 발견하고는 술김에 그에게 말을 걸며 대화를 하다가 그 옆에서 친구들과 대화를 하고 있던 피해자 E(여, 23세)을 보고 순간적으로 욕정이 일어 그녀에게 다가가 갑자기 손으로 피해자의 우측 엉덩이 부위를 만지고, 피해자의 뒤쪽에서 양손으로 피해자를 끌어안는 등 피해자를 강제로 추행하였다.

2. At the time and place mentioned in the above 1. Paragraph 1., the Defendant: (a) threatened the victim with multiple-use knife ( approximately 15cm in length, approximately 5cm in length, about 5cm in length) which is a lethal weapon in the bank used by the victim, by leaving the victim's knife his knife his knife his knife in mind that the victim would refuse to act; and (b) threatened the victim with his knife his knife in order to avoid his knife his knife."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant legal provisions concerning criminal facts, Article 298 of the choice of punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines - Category 1 (Extent of Violence) (Extent of Recommendation) and Category 4 (Special Intimidation) (Special Intimidation) (Article 4-1) and the scope of mitigation (Special Mitigation) (Article 4-1) and recommendation for the second crime (Article 2).