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(영문) 대구지방법원 포항지원 2015.06.29 2015고합45
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on February 14, 2015, the Defendant entered the main points of the operation of the victim D (n, 61 years of age) in the Nam-gu C shopping district, Nam-gu, and performed drinking as the victim, and brought the victim’s knee with knee with knee with knee with knee with knee with kne, and let the victim take kne with kne and kne with knee with knee with kne, and forced knife knife with kne in the victim’s kne and pan, and caused the victim to commit an indecent act by force by putting the victim’s kne in the victim’s sexual organ, and thereby, the Defendant sustained the victim’s knife 6 knife knife with approximately 42 days in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. The reason for sentencing of Article 47 (1) and the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information (where special circumstances exist that may not disclose personal information, considering comprehensively the defendant's age, occupation, risk of repeating a crime, type of the crime in this case, motive, process, consequence and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the defendant's injury due to an order to notify disclosure, preventive effect of the sexual crime subject to registration which may be achieved due to such order, effect on the protection of the victim, etc.);

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The mitigated area (two years to four years of imprisonment) of the first category (general indecent act by force) shall be the mitigated area (two years and six months of imprisonment) where the result of the bodily injury occurred.

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