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(영문) 대구지방법원 포항지원 2015.07.16 2015고단213
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 11, 2014, the Defendant committed indecent act by compulsion: (a) around 00:15, at the port north-gu, the Defendant was her chest by inserting his/her hand towards the lower half of the son’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s

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

2. The Defendant, as indicated in paragraph (1), asserts that the Defendant’s name could not be identified on the ground that he committed an indecent act against E, as indicated in paragraph (1). On December 11, 2014, the Victim G, a police box belonging to the Posting Police Station at the Posing North Korea Police Station, sent out upon receipt of a report at around 00:30 on December 11, 201, confirmed the details of the victim G’s report. As such, the Defendant openly insultd the victim by citing the victim’s statement at the time when E and H are heard. The Defendant received money from the police station at this house, and she saw the victim. The Defendant she saw the victim at the same time. The Defendant she sawed the victim as “Iskh. Haskh.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E (victim) and H;

1. Each police statement of the E (victim), G, and H;

1. Application of the G Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and Article 311 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment of two crimes prescribed by grave indecent acts);

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

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

1. The person who has no basic area (six months of imprisonment or more or two years of imprisonment) of the first type of the crime of indecent act by force (subject to the age of 13 or more) on the sentencing guidelines (the scope of recommending punishment) (the person who has been specially punished by imprisonment);

2. Circumstances unfavorable to the decision of sentence: A criminal defendant is committed until the end, notwithstanding objective evidence;

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