(영문) 대구지방법원 2020.06.17 2019고단6707

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(영문) 대구지방법원 2020.06.17 2019고단6707

강제추행

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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant entered the same university as the victim B (Nam, 23 years of age), and the Defendant and the victim participated in the joint and several activities of farmers, students, and students, who are proceeding in the Chungcheong-gun C from June 22, 2019 to June 28, 2019.

On June 24, 2019, at around 03:30 on June 24, 2019, the Defendant committed an indecent act against the victim by putting the victim in the center for older persons located in Chungcheongnam-gun, Chungcheongnam-gun, thereby gathering the victim’s kis by placing the victim’s kis, cutting the victim’s kis, cutting the victim’s kis, cutting the part into the part of the victim’s chest, putting the victim’s kis, cutting the victim’s kis with another hand who was to put the Defendant’s arms, cutting the victim’s kis, cutting the victim’s hand into the panty, cutting down the victim’s arms, leaving the victim’s arms, leaving the victim out of the room, putting the victim’s chest and the victim into the part of the victim’s panty, putting the victim into the part of the victim’s kis.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the Defendant’s indecent act by force of the victim who is the male father of the university and thus, the criminal liability is grave, considering the confession of the Defendant, the fact that the Defendant has no record of criminal punishment, the victim’s failure to punish the Defendant by agreement with the victim ( February 6, 2020), etc. The crime of this case on the ground of sentencing is considered as favorable to the Defendant’s age, the circumstances leading to the crime, and the indecent act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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