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(영문) 대구지방법원 서부지원 2015.06.25 2015고합58
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

The defendant is a person who operates a restaurant with the trade name of "C", and the victim D (V, 19 years old) was a trainee of the above restaurant.

On March 15, 2015, at the underground parking lot of the "C" building in Daegu-gu, Daegu-gu, around 03:15, the Defendant, who was parked in the above place to drink together with the victim and his employees F, was forced to send the victim to the house. On the back of the vehicle, the Defendant was forced to keep the victim into the back seat of the vehicle, was seated by the victim, kidding the victim's stroke by his hand, kiding the victim's stroke by his hand, and strokeed the victim's stroke by his hand. The Defendant was forced to take the victim's face and neck by her hand, divided the victim's bridge into the victim's bridge by a bridge.

As a result, the defendant forced the victim to commit an indecent act, and thereby, the victim suffered bodily injury, such as crypumum, tension, etc., which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. A report on investigation (Attachment of a medical certificate and change of the name of the crime);

1. Application of Acts and subordinate statutes to photographs of suspect vehicles;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be all the criminal acts of this case and reflect on them.

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