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(영문) 대구지방법원 김천지원 2015.11.18 2015고단985
강제추행
Text

A defendant shall be punished by imprisonment for four 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

On June 24, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the crime of indecent act by force in the Daegu District Court Kimcheon branch on June 24, 2015, and the said judgment became final and conclusive on July 2, 2015.

On May 29, 2015, the Defendant, at around 17:00 on May 29, 2015, committed an indecent act by force against the victim C at the bus stops in the LGdifplate which was exported at 4:11, in order to make it possible for the victim C to wait for a bus, and using the back head in the right hand from the victim’s back to the right hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Previous convictions: Criminal history records and investigation reports [including one copy of the judgment attached to the same type of crime)] [The defendant and his defense counsel present the fact that the defendant uses the back head of the victim as stated in the crime of indecent act by compulsion. However, the defendant's act cannot be viewed as a crime of indecent act by compulsion. The indecent act is objectively against the general public's sexual freedom. It is against the victim's will, gender, age, the relationship between the victim and the victim prior to the act, the circumstances leading to the act, the specific form of the act, and the objective circumstances surrounding the act, and the sexual moral sense of the time. The following circumstances acknowledged by the court in accordance with evidence are as follows:

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