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(영문) 대구지방법원 2018.06.01 2018고단1805

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 재물 손괴 피고인은 2018. 3. 13. 23:25 경 대구 중구 B에 있는 ‘C’ 앞길에서, 피해자 D( 여, 31세) 이 지나가는 것을 보고 아무런 이유 없이 욕설을 하며 다가가 머리채를 잡고 다리를 걸어 넘어뜨리고 발로 찼다.

The defendant, who was unable to know the market price of the damaged person's diversous 6S mobile phones, was laid off on the ground floor and damaged.

2. On March 16, 2018, around 12:57, the Defendant forced indecent act committed an indecent act by force, following the victim F (the victim, the employee, the 20 years of age) in a cosmetics shop in Busan-si E, while the Defendant committed an indecent act by force with the left hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with respect to the F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each photograph (as evidence list Nos. 7, 11 attached);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, and Article 298 of the Criminal Act (Selection of Imprisonment with prison labor)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the long-term sum of punishments for each crime);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order of Community Service and Order of Attending Education [the scope of recommended punishment] and the general standards for the crime of indecent conduct committed against the said person [the scope of punishment] and the mitigated area (one month to one year from the general person] [the scope of recommended punishment] and the mitigated area (one month to six months from the special mitigated person] in the case where the degree of conduct is weak, the second crime [the scope of recommended punishment] shall be the mitigated area (one month to six months from the special mitigated person] [the final sentencing scope according to the aggravated punishment due to the aggravated punishment due to the aggravated punishment of the majority who is not subject to punishment: Six months of imprisonment with prison labor for January to March, 1, 2007, community service, or indecent conduct (in consideration of the fact that a person who was forced to use his/her name of indecent conduct and indecent conduct subject to registration under the condition that he/she was not subject to registration).