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(영문) 대전지방법원 2020.03.27 2019고합407
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 22, 2019, the Defendant: (a) was in Seo-gu, Seo-gu, Daejeon on November 22, 2019; (b) prevented the victim from being injured by one hand after the victim D (Min, 19 years old, and Gain) who was returning home; and (c) caused other damages to the victim’s chest.

In the process, the victim pushed the defendant's arms and shaking his body, and the defendant satisfed with the victim's arms, and the victim's satisfed with one hand, and the victim's satfeld with another hand.

As a result, the defendant was going to go beyond the floor with the victim who resisted again, the defendant said that the victim's body was frightened by the victim's body, and that the victim "math Ma."

As a result, the defendant assaulted the victim to commit an indecent act by force, and in the process, the victim suffered bodily injury such as the shote and rupture at approximately five weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Investigation report (specific as a suspect), investigation report (to hear statements from a victim's telephone);

1. Police seizure records;

1. 112. List of reported cases;

1. A gene appraisal report;

1. Each general medical certificate and each victim's injury diagnosis report;

1. Application of Acts and subordinate statutes to CCTV-cap photographs at the time of the purchase of field photographs, victim-victim photographs, CCTV-shield photographs, suspect face photographs, stop photographs and stop photographs, suspect ctop photographs and stop photographs at the time of the purchase of suspect coffees;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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 main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act, which are subject to employment restrictions;

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