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(영문) 대전지방법원 2020.11.05 2020고단2802

강제추행

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:40 on February 21, 2020, the Defendant, at the house of the victim C (Inn, 23 years of age) located in Seo-gu Daejeon, called the victim himself/herself while drinking alcohol with the victim, was difficult, and the victim who takes part in the bed saf by saf while entering the part of the victim himself/herself, and she was forced to commit indecent acts by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Written statement made by the police with respect to C, each request for appraisal, reply to each request for appraisal, written consent to collect DNA samples, and written consent to make a gene appraisal;

1. On-site photographs, reports on internal affairs (related to requests for appraisal of sexual assault emergencies), investigation reports (in response to requests for appraisal), and application of Acts and subordinate statutes to the investigation reports (in response to requests for appraisal of oral cells of the suspect), and investigation reports

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Grounds for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Children and Juveniles under the Act on the Protection of Employment (Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. 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 person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

2. The punishment of the instant crime that was determined by sentence shall be disadvantageous in light of the details of the instant crime, the method of indecent act, the commission of indecent act, the relationship between the Defendant and the victim, etc.

The victim seems to have suffered considerable mental impulse and pain due to the defendant's crime.

Nevertheless, the defendant denies the crime in the course of investigation.