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(영문) 대전지방법원 2017.06.23 2017고합147
강제추행등
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

The Defendant, “D”, is a person operating the Victim E (n.e., 44 years of age) with a trade name between the victim E (n.e., f., d.) and the U.S. L. D., who was known to the Defendant from one month prior to one month.

1. From the end of August 2016 to the beginning of September 2016, the Defendant, a quasi-Rape, 05:00, 05:0 around September 1, 2016, she drinked her son including the victim, and her son and son, and her son, she was under the influence of alcohol, and the Defendant was also under the influence of the victim, she was able to sleep in the sofa, and her panty of the victim, she was under the influence of alcohol, and she was under the influence of the victim’s her panty, and her finger and her finger.

2. On September 18, 2016, the Defendant forced indecent act committed an indecent act by force against the victim by inserting his/her hand into the clothes of the victim’s own injury and making him/her commit an indecent act on the part of the victim at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the initial measures to be taken by a person suspected of forced indecent conduct and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299, 297-2 (a point of quasi-Rape) of the Criminal Act, and Article 298 of the Criminal Act (a point of forced indecent act and choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [the aggravated punishment for concurrent crimes prescribed by similar rape with heavy punishment (within the scope of the sum of the long-term punishment for the above two crimes)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime before the instant case, and thus sexual assault against the defendant is committed against the defendant.

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