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Reasons
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(영문) 대전지방법원 2019.08.30 2019고단2305
강제추행
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A defendant shall be punished by imprisonment for six 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 April 7, 2019, the Defendant: (a) on April 16, 2019, while driving a sub-section of Daejeon (hereinafter referred to as Daejeon) on April 7, 2019, the Defendant 2nd seated on the right-hand seat of the victim C (hereinafter referred to as the “victim”), seated on the front seat of the rear seat and 17 years old), and putting the left hand into the main part of the above victim’s bucks, against the intent of the said victim, and committed an indecent act by force against the said victim, by continuously putting the said victim’s bucks down on the main part of the bucks.

The Defendant, at around 15:40 on May 16, 2019, committed an indecent act by force against the victim by putting the Defendant’s occupation spread on the part of the said victim against the will of the said victim, while he was seated on the side of the victim F (year 24) seated on the front side in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, where the Defendant passed near the middle village of the said victim, around 15:40 on May 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning C (tentative name);

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to photographs taken by victims;

1. Relevant Article 298 of the Criminal Act and the choice of imprisonment for a crime;

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

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The defendant and his/her defense counsel asserted and asserted that the defendant and his/her defense counsel were in a state of mental disability due to the symptoms of uneasiness at the time of each of the crimes in this case.

However, it is recognized that the defendant received treatment due to uneasiness symptoms, etc.

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