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(영문) 대구지방법원 안동지원 2019.05.29 2018고단407
강제추행
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A defendant shall be punished by imprisonment for six 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

Victims B (n, 18 years of age, 18 years of age, 18 years of age, 18 years of age, 10) are university students in practice at "D Hospital", and the defendant is the head of the emergency rescue team team team team of the above hospital, who takes charge of the victims' practical instruction.

1. On February 10, 2018, the Defendant: (a) around 23:30 on February 10, 2018, while drinking alcohol at a “F” singing practice room located in the E and 2nd floor in the Dongdong-si, Dong-si, Dong-si, and Dong-dong-si; (b) kis the victim’s kis on the right side; (c) kis the victim’s kis; (d) kis the victim’s kis; and (e) kis the victim’s kis; (b) kis the victim’s kis; and (c) kis the victim’s kis; (d) kis the victim’s kis; and (e) kis the victim’s kis; and (e) kis the victim’s kis the victim’s kis and kis the victim’s kis.

2. On February 11, 2018, around 00:10 on February 11, 2018, the Defendant committed an indecent act by force against the victims, such as: (a) the Defendant said that “F” from the stairs that come from the second floor to the first floor of a singing practice room; and (b) said that “voluntary marriage will be followed”; and (c) said, the Defendant forced the victims to enter and love the victim C who was getting a stairs following the Defendant.”

Summary of Evidence

1. Each legal statement of the witness B and C;

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes to a report on investigation (specific place of occurrence);

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

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

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

1. Judgment on the assertion of the Defendant and his/her defense counsel under Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The Defendant does not memory the situation at that time.

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