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(영문) 대구지방법원 2017.11.21 2017고단4741

준강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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. On July 30, 2017, the Defendant was forced to commit an indecent act by force at a 000 restaurant located in Daegu Dong-gu, Daegu-gu, Daegu-gu, about 12:00, and the victim C (V, 58 years old) who was in a state of resistance unable to resist, and was her chest and her fel with her hand.

Accordingly, the Defendant committed an indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

2. At the time and place set forth in paragraph 1, the Defendant: (a) d (59) met the dispute between the Defendant and the said C; (b) scambling the Defendant and the said C; (c) scambling the scam of the dangerous objects (25 cm in diameter) and the glass disease containing the fruits, both in hand and assaulted the victim, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to a report on investigation (to hear the statement of an on-site witness), a report on investigation (to attach photographs, such as the scene of occurrence), a photograph, and a report on investigation (Attachment to the on-site CCTV image and screen screen of a

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 299, 298 (a quasi-indecent act committed) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's mistake is recognized and against himself/herself is recognized, and the defendant has no record of sexual crimes for the last about 18 years, the age and motive of the defendant, and the method and consequence of the crime.