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(영문) 대구지방법원 안동지원 2018.02.09 2017고단596
강제추행
Text

1. The sentence against the accused shall be two million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 16, 2017, the Defendant: (a) committed indecent act by the victim’s knife, knife, knife, knife “E” on the D 2nd floor at Andong-si, Andong-si; (b) the victim’s knife, knife, knife, knife

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. A written petition;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to reports on investigation, such as photographs, fixture photographs, originals and copies of receipts, and each closure of a course;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., alleged to the effect that punishment should be mitigated because the Defendant was physically and mentally weak at the time of the instant case. However, in light of all the circumstances, such as the background of the crime and the situation before and after the crime committed in light of the aforementioned evidence, the Defendant’s drinking at the time was recognized, but it does not seem to have been in a state that the Defendant lacks the ability to discern things or make decisions. Accordingly, the aforementioned

The grounds for sentencing shall take into account all the circumstances favorable to the defendant, such as the confession and reflect of the crime of this case, the victim does not want the punishment of the defendant by mutual consent with the defendant, and there is no record of criminal punishment exceeding the same criminal history or fine, and the circumstances indicated in the arguments and records of the crime of this case, such as the background, method, consequence, age, criminal conduct, environment, and circumstances after the crime of this case.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to the case where a conviction becomes final and conclusive on a crime in the judgment that is subject to registration and submission of personal information.

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