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(영문) 대구지방법원 포항지원 2016.08.18 2016고단389
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 20, 2016, the Defendant, at the convenience store located in Nam-gu B at around 04:30 on March 20, 2016, has increased the number of alcohol to the victim C (the age of 24) who is an employee of the convenience store who had been engaged in beer as a customer.

Since there is a convenience store in the inside, male cannot be accumulated.

Whether the age is a fine for the same franchisium.

"" and the victim followed the victim who entered the warehouse of a convenience store, "only once defective." The victim saw both grandchildren of the victim and led them to the seat of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name, victim);

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of photographs of convenience stores);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, and the choice of imprisonment;

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

1. Where the degree of prosecution is weak in the mitigation area (one month or more of imprisonment with prison labor) (one year or more of imprisonment with prison labor), the mitigation area (one year or more of imprisonment with prison labor) (one year), in the case of a person subject to special mitigation) under Article 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the scope of recommended punishment) (the scope of punishment shall be general standards): The fact that the person committed the instant crime at the convenience store where the victim is a female victim, who is a new wall, and the circumstances favorable to the agreement with the victim or the failure to repay damage are particularly hot: The degree and method of indecent act is particularly heavy;

In addition to the above circumstances, the personal information is registered in consideration of various sentencing factors and the scope of recommendations that are indicated in the records, such as Defendant’s age, sexual conduct, environment, and circumstances before and after the crime, except for the following: (a) the victim immediately left the crime against the victim; (b) the Defendant has no record of punishment exceeding the same kind of criminal record or fine; and (c) the accused has committed the crime.

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