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(영문) 대구지방법원 김천지원 2012.12.12 2012고단888
준강제추행
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 3, 2012, from around 10:40 to October 10:50 on October 3, 2012, the Defendant discovered that the victim C (here, 39 years of age) was in a rest room B in Gumi-si, Gumi-si from around 10:40 to around 10:50 on October 3, 2012 that the victim was in a common room in the above rest room, and made a reply to the Defendant’s sexual organ by drinking the victim’s mind to force indecent acts by compulsion against the victim’s sexual organ.

The Defendant committed an indecent act against the victim by taking advantage of the victim’s refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Complaints;

1. A report and photograph of the investigation;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to the confirmation of CCTV at an generated place and conversation between victims);

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

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

1. Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on February 19, 2009 - The basic area of the offense of general indecent acts: six months to two years - positive consideration of whether the above sentence is suspended: In addition to the above sentencing factors, the defendant was sentenced to a summary order of KRW 4,00,00 as a crime of quasi indecent acts by force at the Ulsan District Court on March 18, 2008. On February 12, 2009, the defendant was detained as a crime of quasi indecent acts by force at the Ulsan District Court on February 19, 2009, but the complainant was dismissed by the Ulsan District Court on April 7, 2009, and the criminal facts or charges of each of the above cases also committed an indecent act by a victim who was locked at the sobry and so on.

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