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(영문) 대구지방법원 안동지원 2017.08.10 2017고합19
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants and victims G ( South, 19 years old) are students attending the second and second year of H University I.

The Defendants, around 23:30 on March 18, 2017, at H University dormitory K408 B located in Ansan-si, Sindong-si, Sindong-si. At H University dormitory, the Defendant D and on his stude the victim, who was using the same room. Defendant B entered the victim’s own room and opened the victim’s seat behind his her string, and immediately she opened the victim’s left arm’s length with Defendant A, C, and C’s hand, with Defendant C’s hand, she fright the victim’s seat and fright the victim’s seat with another arms, and Defendant B fright off the victim’s cell phone with the victim’s left arm’s length, Defendant D took the victim’s mobile phone with the victim’s cell phone, Defendant D opened the victim’s bridge with the victim’s seat and Defendant C left the victim’s knish with the victim’s image and knish with the victim’s knish.

Accordingly, the Defendants jointly committed indecent acts against the victim by assault.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Grounds for sentencing under Article 16 (2) (main sentence) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service, and Article 59 of the Act on the Protection, Observation,

1. Imprisonment with prison labor for not less than one year and not more than 6 months but not more than 15 years;

2. The range of punishment recommended according to the sentencing guidelines [the types of decisions] shall be sex offenses;

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