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(영문) 대구지방법원 포항지원 2014.09.25 2014고단967
강제추행
Text

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

On June 30, 2014, the Defendant: (a) around 22:30 on June 30, 2014, at the main point operated by the Victim C (W, 45 years of age) in Northern-gu B at the port; (b) while disputing with the victim due to the drinking value, the Defendant laid down the victim’s left chest with his hand; and (c) stored the victim’s jackets in his/her jackets to the right chest.

Therefore, while the victim scam with the hand floor of the defendant's hand, the victim considered the victim's buck with the hand floor "at the scam of the victim", the victim scam with the hand floor, continuously scam the victim's left chest by hand, and the victim's scam was stored in the victim's jackets, and the victim's scam was scam with the right chest by placing the victim's scam.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. As to the Defendant’s assertion on the investigation report (Attachment of the 112 Declaration), the Defendant alleged that he was in a state of mental disorder or mental disorder by stating that he had no memory under the influence of alcohol at the time of the instant crime. Thus, according to the statement in the police statement protocol against C, it is recognized that the Defendant had her little alcohol at the time of the instant crime, but did not have the ability to discern things or make decisions accordingly.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommendations according to the sentencing criteria; and

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