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(영문) 대구지방법원 2014.03.13 2013고단5327
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 20, 2013, the Defendant: (a) committed indecent act by compulsion on the part of the victim E (the victim, 22 years old) who was packing bread on the front side of the Dbelar C market in Daegu-gu, Daegu-gu; (b) on the part of the victim E (the victim, 22 years old), who was the child of the said Bbelar C market; and (c) on the part of the woman’s left hand, committed indecent act by compulsion of the victim by force.

2. The Defendant damaged property at the above date, time, and place, on the ground that the victim did not answer the horses of the Defendant, by sprinking bombs of the type of bombs onto the ground floor, thereby damaging the victim’s market value, which is the sum of 30,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (in cases of entrance, exit, etc., and attachment of photographs of police officers);

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 366 of the Criminal Act;

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) has several violences against the defendant, and the defendant committed a crime during the period of probation, and the quality of the crime in this case is not good. However, the defendant is under mental treatment due to alcohol existence and yellow disorder, etc. Other factors such as the degree of indecent act in this case, situation at the time of the crime, age, tendency, family environment, etc.);

1. Where a conviction of the first crime in the instant crime subject to the registration of personal information in accordance with Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit the personal information of the accused to the head of the competent police

The defendant's age, occupation, and location of the disclosure order or notification order;

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