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(영문) 대전지방법원 2015.11.06 2015고단1999

강제추행등

Text

A defendant shall be punished by imprisonment for four months.

except that 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

Around 12:00 on May 2, 2015, the Defendant discovered that the victim D(n, 51 years old) talks with other people in front of the Daejeon Dong-dong, Daejeon, Daejeon, about May 12, 2015, the Defendant used publicly obscene acts by exposing the victim's Daa, and exposing his sexual organ.

"2015 Highest 3369"

1. On June 23, 2015, at around 05:51, the Defendant found the victim D’s residence located in Daejeon Dong-gu C 408 Dong-dong, Daejeon, and around 808 Dong-gu, Daejeon, and demanded the victim to have a written agreement by force lost the agreement, thus requesting the victim to prepare again, and arbitrarily enter into the front line installed in the view that was not corrected and intruded into the said residence.

2. On June 25, 2015, around 07:13, the Defendant found the above residence and demanded the above victim to re-written a written agreement, and opened a arct door installed in the arct in the arct and intruded into the said residence in the same manner.

Summary of Evidence

[2015 Highest 199]

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F [2015 order 3369];

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act, Article 319 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

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

4. The reason for sentencing under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from taking lectures and taking orders (in light of the fact that the intelligence of the defendant seems to be somewhat disturbed, it is recognized that there are special circumstances that it is difficult to impose an order to take lectures and taking orders) recognizes some mistakes and reflects them, and there is room to deem that the crime was committed because the defendant's intelligence is somewhat insufficient, and indicating