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(영문) 대구지방법원 김천지원 2015.09.15 2015고합66
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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 January 13, 2015, the Defendant intruded into a public bath, which is a public place, for the purpose of meeting his/her sexual desire, such as entering D private rains or another public room in C at the time of strike, and committing sexual intercourse with a man of the same sex, etc.

2. Indecent act by compulsion, the Defendant, at the same time and place as set forth in Paragraph 1, carried out 24 years of age in the victim E (the 24 years of age) who was intending to sleep at the same time and place, carried out bucks by hand, pushed his sexual organ into the victim’s buckbucks, and read it in the victim’s bucks, and committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each police investigation reporting statute;

1. Relevant legal provisions concerning the facts constituting an offense, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act 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 [limited to the sum of the long-term punishments of 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. The crime of this case on the grounds of sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, is committed by the Defendant by intrusion upon a public bath, which is a public place, for the purpose of meeting the victim’s sexual desire, and by indecent act by force on the victim’s dead bucks, etc. at that place, the crime and the crime of this case are very serious in light of the contents of the crime and the applicable law.

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