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(영문) 대구지방법원 2016.10.18 2016고단3715
강제추행
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant requested the victim D (the name, drink, 47 years of age) who was a customer of cosmetics he operated by himself to see that “one met or boomed a drink, drinking alcohol,” and consented to the request by the victim. On May 10, 2016, the Defendant suggested the victim to sing down the singing.

On the 11. 11. of the same month, the Defendant sent the victim's chests to the victim's own hand during singing practice room in the Franchise Ma in the light of 00:00.

After that, the Defendant: (a) talked with the victim who fighted against the Defendant, such as singing around, etc., that “I am about the victim’s sing or singing about it,” and (b) sing the victim, who sing the victim and singing

At around 01:00 on the same day without the consent of the victim, the body of the victim was parked in G around the same day, and the body of the victim was divided into the body of the victim with his own body, suppressions his resistance, and knifes the clothes and broding the body of the victim by hand, knicking the victim's clothes, knife, knife the right chest of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure, list of seizure, voluntary submission, statement of renunciation of ownership, and related photographs;

1. Application of Acts and subordinate statutes to each investigation report (No. 6 through 8, 14, 16, 17 No. 17);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a judgment on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type, motive, process, result, and crime of this case.

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