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(영문) 대구지방법원 김천지원 2015.07.08 2015고단413
강제추행등
Text

A defendant shall be punished by imprisonment for four 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. Around 02:20 on January 21, 2015, the Defendant insultd the victim F of the victim in the said restaurant in C cafeteria located in Kimcheon-si, Kimcheon-si, by saying, “I do so as to make the mar stated in D and E, so much,” “I do not go to the drinking house as to why I am good for sale of body. I am good for this year?” “I am good and good for breast,” and “I am good and good for breast,” and “I am amba,” and openly insulting the victim.

2. The Defendant, at the same time and place as indicated in the above Paragraph 1, committed indecent acts by compulsion, the victim E (the age of 25) who is a customer, sent the victim’s chest to the toilet by the victim’s own hand, who was on the spot in order to go to the toilet, and the victim sawd and went to the toilet, and the victim saw to go to the rest of the victim by the victim’s own hand.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F, E, and D;

1. Relevant legal provisions concerning the facts constituting an offense, Article 311 of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggregate of the long-term punishments in the above two crimes]

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant has no record of having been punished as a sexual crime

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