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(영문) 대구지방법원 서부지원 2018.08.30 2017고합184
유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 9, 2017, the Defendant forced indecent act: (a) at C in Daegu-si, Daegu-si B and fourth floor; (b) around 03:0 on February 9, 2017, the Defendant committed an indecent act by force against the victim, who is an employee, committed an indecent act by force against the victim, by putting the victim’s finger into the victim’s e-mail; (c) inserting the victim’s finger into the victim’s panty line; and (d) putting the victim’s fingers into the victim’s panty line; and (e) making the victim’s le-mail and panty off by force; and (e) forcing the victim to commit an indecent act by force.

2. In the preceding paragraph C operated by the Victim E (S) at the same time on the day, the injured Defendant inflicted injury on the victim by using the victim’s neck and chest part twice tightly tightly tightly, the victim’s neck and chest part, and cutting down the victim’s neck in arms, on the ground that the victim’s intending to move to the Doward Dok from the same day, was speechd.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Each photograph (No. 3, 11, 13 in the list of evidence);

1. A medical certificate and a detailed statement of the processing of the reported case;

1. Voluntary accompanying reports, such as forced indecent acts, and application of investigation reports (verification of criminal records of suspect E's brokerage of sexual traffic) statutes;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes committed with more severe punishment)

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of restriction on employment, and children and juveniles.

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