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(영문) 대구지방법원 경주지원 2019.01.30 2018고단437
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant was close to the victim B (here, 42 years of age) with the husband of the victim B (here, 42 years of age) with one another, and the family of the ordinary child victim with one another.

At around 23:22 on October 2, 2017, the Defendant: (a) discovered that the victim was opening the studio and going to female toilets while running singing together with the Defendant’s wife and the injured couple; (b) followed the victim from male toilets that are next to female toilets, the victim waitings for the studio; (c) followed the victim’s back from female toilets to the Defendant by leaving the studio; (d) coming back from female toilets and going to the said studio; and (e) coming back to the back from the victim’s back to the said studio, the Defendant took the stude of the victim’s arms to the Defendant by hand; and (e) kid the victim’s chest with the left hand; and (e) kid the victim’s face with both hand.

At around 23:28 on the same day, the Defendant continued to put the victim into a studio and female toilet at the studio, and called the victim to open the door with a female toilet and to make the victim early use, and made the victim dance by force with the victim, by putting the hand into the studio of the victim, placing the victim's chest into the studio, and placing the hand into the hude of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes to investigation reports (related to the process of obtainingCCTV images and analysis);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Application of the sentencing guidelines (Scope of recommending punishment) the basic area (one-six months to two years of imprisonment) of the crimes of indecent act by compulsion (subject to the age of 13 or more)

2. The defendant who has rendered a judgment of sentence shall be the husband and wife;

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