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(영문) 대구지방법원 포항지원 2017.03.23 2016고단1731
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. On November 3, 2016, the Defendant forced indecent act committed an indecent act by force against the victim E (the victim, 42 years of age) who had danced in the Defendant’s side while having danced at the “DN” located in Nam-gu, Nam-gu, Nam-gu, Seoul on November 3, 2016, and “the same play” and “the victim’s chest and her her her son was sexually committed an indecent act by force.

2. At the same date and time as specified in paragraph 1, the Defendant does not snick the victim E in receiving a claim from the victim E and from the victim F (56 e) at the same place as specified in paragraph 1.

“The victim’s knee and her kneel, her knebb from the victim E to the victim’s her knee, and her knebb from the victim’s her hand to walk on several occasions, thereby causing approximately two weeks of treatment to the victim E, the victim’s knee and herbbbb, etc., which is in need of approximately two weeks of treatment, and the victim F’s breath by her hand, and her flab, caused injury to the victim F in need of approximately two weeks of treatment. Accordingly, the victim F was able to use the cell phone and report it to the police, and the victim’s her knbb, her cell phone was cut off from the victim F to damage the above mobile phone so that approximately 120,000 won of repair costs were damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F and E in the protocol of suspect interrogation of the accused (two times) of the police officer;

1. A written statement of F and E;

1. A criminal investigation report (attaching photographs of damaged articles);

1. Each injury diagnosis letter;

1. Application of the written estimate statutes;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment (the point of forced indecent act, the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injuring, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

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 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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