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(영문) 대구지방법원 2016.11.08 2016고단4429
강제추행등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 05:10 on May 16, 2016, committed indecent act by compulsion, at the “C” restaurant located in Daegu Northern-gu, Daegu Northern-gu B, calculated the alcohol value of the victim D (n, 20 years of age), and then, at his/her discretion, committed indecent act by force against the victim by making the victim’s her her her her her her her her her her her her her her her her her her her her her her her her b

2. In the above time and place, the Defendant expressed that “the victim expressed her desire to wore and Chewing years” in relation to the crime of indecent act by compulsion, and caused injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to the shock of the victim’s face from the hand floor by taking the victim’s face up to the floor due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to E (victim) by the police;

1. A written statement;

1. A medical certificate of injury, or a part photograph of violence against a victim;

1. Application of the Acts and subordinate statutes to a criminal investigation report (with respect to the CCTV image analysis) and to photographe CCTV images;

1. Articles 298 and 257 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as probation, order to attend lectures or community service,

1. Scope of the recommended punishment based on the sentencing guidelines - No basic area (six months to two years) (the scope of recommendations) of the commission of indecent acts by compulsion in general (the special person) - No person who has committed the second crime (finite) / [the scope of recommendations] the basic area ( April to one year and six months) of the first type (the scope of general injury) and the basic area (one year and six months) of the first type (the scope of recommendations) of the second type (a person who has no special person] [the scope of final sentence due to the aggravation of multiple crimes: six months to two years:

2. Consideration - Consideration - Consideration - Unfavorable circumstances: The victim's appearance or unreparable circumstances; three times of past records of being punished by a fine for the same kind of crime; and this species;

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