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(영문) 대전지방법원 2017.05.01 2017고단428
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the relationship between the victim C (33) and the labor day, and he becomes aware of.

1. On November 21, 2016, at the residence of the victim located in Daejeon, Seo-gu, Daejeon, the Defendant discovered the victim from being locked to the bed, and led the victim to the victim’s sexual organ by leakage in the bed part of the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-fluence status.

2. On November 22, 2016, at around 23:00, the Defendant discovered the victim from the victim’s residence, and came to have the victim’s sexual organ by taking advantage of the victim’s identity back to the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-fluence status.

3. From November 25, 2016 to around 02:00 on the following day, the Defendant: (a) from around 23:00 on the day to around 02:00, the Defendant: (b) entered the victim’s sexual organ by placing the victim’s knife after having set the knife with the victim’s knife, and knife the victim’s knife.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-fluence status.

4. From November 26, 2016 to around 02:00 on the following day, the Defendant committed the victim’s sexual organ from around 23:00 to around 02:00.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-fluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is the first offender who has no record of criminal punishment, confession and reflects with the victim, and the victim has reached an agreement with the victim.

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