beta
(영문) 대구지방법원 김천지원 2015.06.24 2015고단256

강제추행등

Text

A defendant shall be punished by imprisonment for 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

1. Indecent acts by compulsion;

A. On October 11, 2014, the Defendant committed an indecent act by force against the victim E (the 24 years old), who was receiving physical treatment from the victim E (here, the victim), at the treatment center of the DNA Dagal surgery located in Gumi-si, Sinsi, Around October 11, 2014, by drinking the victim’s left hand, and driving the victim’s own free hand, and committing an indecent act by force against the victim.

B. At around 10:00 on October 21, 2014, the Defendant committed an indecent act by force against the victim by reporting the victim’s drinking water at his/her home, and by drinking the victim’s hand from behind the victim’s own side to his/her hand, who was waiting to receive medical treatment.

C. On November 1, 2014, the Defendant committed an indecent act on the part of the victim by drinking the victim’s mind to report the patient’s awareness at the first floor of the above Council member, and by using the victim’s own hand, committed an indecent act on the part of the victim.

2. Around 08:50 on November 20, 2014, the Defendant: (a) committed assault and assaulting the victim’s head flag by putting the victim’s head flag on the back of the latter part of the said Council; and (b) intending to see the victim’s hand and flag on the back of the latter part of the said Council; and (c) assaulting the victim’s head flag with his flag’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes resulting from the crime of indecent act by force on November 1, 2014, the most severe punishment and punishment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on Probation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;