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(영문) 대전지방법원 2012.07.18 2012고단1938
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

On June 1, 2012, around 15:10 on June 1, 2012, the Defendant: (a) discovered the victim C (the age of 22) who was coming to walk around the surrounding alley bus terminal in the Dong-gu Daejeon-gu Daejeon, Daejeon, and was coming to walk at the house; (b) tried to find out the victim C (the age of 22); (c) had the opportunity to commit an indecent act against the said victim; and (d) followed up about 60 meters.

Since then, in order for the victim to enter the residence of the Daejeon Dong-gu, Daejeon, the defendant was in the fourth floor of the above building, using the cresh in front of the entrance in front of the entrance of the entrance, put the victim in hand with the bridge between the victim's bridge, which was suffering from the subsequent cret, and the ambel from the lower part to the upper part of the ambel.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A complaint;

1. Application of Acts and subordinate statutes on site photographs and reproduction of site photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. According to the sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc., the sentencing guidelines for the defendant is one year of imprisonment with prison labor for not less than 15 days.

In light of the fact that the defendant has recently been punished for the same kind of crime, and the quality of the crime of this case is not good, the defendant should be punished for the severe punishment. However, the defendant is against the crime, the crime of this case is significantly weak in the sentencing guidelines, and the degree of indecent act is also weak in the sentencing guidelines, and thus constitutes the recommended area of suspension of execution, and there is no same record except for punishment as a fine.

Criminal facts of indecent act by compulsion against the defendant who registered personal information.

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