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(영문) 대구지방법원 김천지원 2016.04.20 2015고단1604
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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 is a person who operates D Mart in Kimcheon-si C, and the victim E (V, 19 years old) is a person who works as a part-time employee at the end of the week in the above D Mart.

1. On September 5, 2015, the Defendant committed an indecent act with the victim’s buckbucks by asking the victim to cast coffee on the part of the victim, with the intent of having the victim take a coffee at his/her home, and committing an indecent act against the victim, and using the victim’s buckbucks, which was followed by the victim’s back, once in his/her own hand, at the victim’s own hand, using the victim’s bucks, which brought about coffee to the office, and using the victim’s bucks in his/her own hand.

2. On September 5, 2015, from around 19:20 to 20:00, the Defendant confirmed the victim’s CCTV images at the aforementioned D Mtept office with the victim, and committed an indecent act by inserting the victim’s hand into the body of the victim in order to compel the victim to commit an indecent act against the defect that the victim intends to go out of the office, and by inserting the hand into the body of the victim’s own body, only once the victim’s buckbucks were released, and the victim’s back bucks the victim’s back buck.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Criteria for sentencing:

A. Each type of indecent act committed by force [types] and one type of indecent act (general indecent act committed by force) (the scope of recommending punishment] - Special mitigation area (one month to one year of imprisonment) - Special mitigation area (the special mitigation person: where the exercise of force is considerably weak, where the degree of conduct is significantly weak; special aggravation person;

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