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(영문) 대구지방법원 서부지원 2014.07.03 2013고합233

강제추행치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 23:00 on October 15, 2013, the Defendant, at the Fju point located in Daegu Seo-gu E, had a mind to forcibly commit an indecent act against the victim G (the age of 46) who works for drinking alcohol.

The defendant, next to the victim, forced the victim's timber to be cut into the victim's hand, forced the victim's timber to be taken, forced the victim to be towed, placed on the part of the victim, left the victim's chest to the victim's feet, left the victim's feet by hand, and the victim resisted against the victim, the defendant left the victim's floor to the floor, left the victim's feet, left the victim's feet to the upper part, kid the victim's feet with the upper part of the feet, and forced the victim to commit an indecent act by force, and thereby, the victim suffered injury, such as the two slots, the dives, and the dives of the 14-day medical treatment.

Accordingly, the defendant suffered bodily injury from the victim during the indecent act by compulsion.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Results of fact-finding on doctors K and KS telecom companies;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (2), (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. The age, occupation, and power of the defendant, the details and motive of the crime, the method and consequence of the crime, the degree and anticipated side effects of the disadvantage of the defendant caused by the disclosure order or notification order, as well as the possible side effects of the defendant, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order, under the proviso to Article 49(1) and the proviso to Article 50(1) of