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(영문) 대구지방법원 포항지원 2017.02.02 2016고단1179
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 10, 2016, the Defendant forced indecent act: (a) committed an indecent act on the part of the victim E (at the age of 33) who works in a restaurant along with his own denial at the D Sing practice place located in Nam-gu, Nam-gu, Seoul on April 10, 2016; (b) reported the victim E (at the age of 33) who was seated in the restaurant, and forced the victim to commit an indecent act on his/her hand; and (c) led the victim to the victim to commit an indecent act.

2. Compulsory indecent act and confinement Defendant: (a) committed an indecent act on April 10, 2016; (b) committed an indecent act by force; (c) committed an indecent act with the victim’s mind to force the victim to report and commit an indecent act with a view to leaving his/her own residence in the south-gu Fa-gu, 708; and (d) committed an indecent act with the victim by repeatedly forcing the victim to leave his/her own residence in his/her own residence by hand; and (c) committed an indecent act with the victim who want to keep the victim in his/her house in his/her own residence; and (d) committed an indecent act with the victim who tried to keep him/her in his/her house in his/her own residence; and (d) committed an indecent act with the victim’s face one time by reporting the victim who want to leave his/her house in his/her own residence; and (e) committed an indecent act by

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 298 of the Criminal Act (the point of compulsory indecent act, the choice of imprisonment), and Article 276 (1) of the Criminal Act (the point of confinement and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (the punishment and punishment shall be aggravated for concurrent crimes committed on April 10, 2016, with the largest penalty);

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, including observation of protection, order to provide community service and attend lectures, Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Class 1 (General Indecent Acts in Force) of the sentencing criteria for the first crime (sex crimes) (the scope of recommending punishment). The general standards for indecent acts committed by force (subject to at least 13 years of age).

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