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(영문) 대전지방법원 서산지원 2017.02.10 2016고단835
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 15, 2016, the Defendant committed an indecent act by force: (a) around 02:20, in Cpenta in Jin-si, Jin-si B, together with the victim D (n, 53 years of age) and fals that he was introduced through the bomb; and (b) the conduct except the above victim, other than the above victim, went out of the above balke; (c) the victim’s balkes over the victim’s balke; (d) the victim’s body was knicked by hand; and (e) the victim’s body was kid by force.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On May 15, 2016, the injured Defendant committed an indecent act against the victim D, as described in paragraph 1, at Cpenta in Jindo, Sinjin-si, as indicated in paragraph 1, at around 02:30 on May 15, 2016, and, at the same time, the Defendant saw the victim to drive away from the above victim due to the road side outside the above penta, and took a bath to write down the victim’s shoulder with the victim’s hand and write down the victim’s shoulder with the victim’s hand, and continued to inflict an injury, such as dump, which requires medical treatment for about 14 days for the victim on a single-time basis.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or E;

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

1. Relevant Article 298 of the Criminal Act, Articles 298 and 257 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion of Article 16(2) through (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and community service order, the Defendant asserts that he was in a state of mental or physical weakness or mental loss by drinking, etc. at the time of the instant crime. In light of the records, even though the Defendant was aware that he had drinking at the time of the instant crime, the Defendant was aware of such drinking, but in full view of the developments and results of the instant case, the Defendant’s behavior before and after the instant crime, etc., the Defendant

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