(영문) 대구지방법원 2019.08.21 2018고단5416

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(영문) 대구지방법원 2019.08.21 2018고단5416

준강제추행등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on July 27, 2018, the Defendant: (a) around 21:00, at the four-day shop operated by himself in Daegu Dong-gu building B, the victim C (here 22 years of age) was able to take care of the eyebrow room in the inner eyebrow room; and (b) was able to take care of both chests of the victim; and (c) was out of the victim’s bar.

As a result, the Defendant committed indecent act by taking advantage of the victim’s non-performance situation.

2. While the Defendant committed an indecent act, such as the date and time set forth in Paragraph 1, at a place and time, he was knee of the victim, he was knee of the victim, and knee of the victim. The victim was forced to be knee in the victim’s sexual flag, and the victim was kneed from the defective part of the victim’s kne, and the victim was hume of the victim’s kne, and the victim’s knee of the victim’s kne, and knee of his sexual organ.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (to attach data on conversations between a suspect and a victim);

1. Application of D’s message legislation

1. Relevant legal provisions concerning facts constituting a crime, Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act;

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

1. Article 62 of the Criminal Act;

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend shall be considered as the grounds for sentencing unfavorable to the disadvantage that the degree of indecent act in the instant case is not somewhat weak, and the Defendant is sentenced to the same punishment as the order of the Defendant, taking into account the following factors: (a) the Defendant is led to an offense; (b) the Defendant has no record of criminal punishment; and (c) the victim has not been punished by agreement with the victim ( August 20

registration of personal information and.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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