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(영문) 대구지방법원포항지원 2020.12.16 2020고단744
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

The defendant is a victim B (n, 24 years of age) and online game that he/she became aware of.

At around 07:00 on May 6, 2020, the Defendant drinked three alcohols, including the victim, within the north-gu C Building D, at the port, with three alcohols, and locked at the bend, and then pushed back the body of the Defendant on the rear side of the victim who was diving back, and pushed down the victim's hand, tightly, boomed the victim's hand into the part of the victim's own body, and boomed the victim's right chest, and boomed the victim's body. The Defendant forced the victim's body from the lock to the victim, and forced the victim's body, she refused the victim's body, and she added the victim's hand to the victim's body "limited to only one," and she added the victim's hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Canadian dialogue data exchanged between the head of the accusation, the complainant and the suspect, the Kakakao Stockholm dialogue data exchanged between the complainant and the suspect, the Kakakao Stockholm dialogue data exchanged between the complainant and the friendly F, the hotel border data, and internal photographs;

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

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act;

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

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of punishment by law: One month to ten years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by force (the 13 years of age or older) [the 1] general indecent act by force (the person in special form): the mitigated element of punishment [the scope of the recommended area and the recommended punishment]: the mitigated range of punishment; the prison labor for one month to one year [the general person] - the mitigated element: the strong reflectness and no record of criminal punishment (the grounds for suspended execution of sentence of punishment) - The major reasons for suspended sentence - The person in general pride : the amount of penalty not to be imposed - the

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