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(영문) 대전지방법원 2018.11.15 2018고단3383
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

On June 8, 2018, the Defendant discovered the victim D (tentative name) who was waiting for an elevator at the common entrance of the Daejeon Seo-gu Seoul 1st floor and had the intent to commit an indecent act by force.

After having accessed the body of the victim who intends to board an elevator, the defendant met the victim's bridge with the victim's own hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A E-document;

1. The application of Acts and subordinate statutes on the occurrence of a crime subject to forced indecent conduct, report on internal investigation, field photograph, internal investigation report (verification of CCTV images that have occurred), field identification pictures, gene assessment records, DNA identification information data data search results, inquiry of the results of personal information of DNA, investigation reports, investigation reports, investigation reports (specific suspect), investigation reports (verification of the suspect's criminal act), and CCTV-cap photograph photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. The observation of protection and the order to provide community service and attend lectures 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 grounds for sentencing under Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Sexual Abuse of the Child and other records, including the Defendant’s age, occupation, sex, environment, motive and means of committing the crime and the consequences thereof, and the circumstances after committing the crime, as stated in the present argument, shall be determined by taking into account the following circumstances and the conditions of various sentencing as ordered.

In light of the circumstances, contents, etc. of the crime of this case, the crime of this case was inferior, the fact that the victim was punished for the same kind of crime, the circumstances that the victim was satisfed with considerable sexual humiliation or mental shock: The confession of the crime of this case, the degree of conduct is not much serious, and the personal information is registered and submitted.

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