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(영문) 대전지방법원 2015.08.19 2015고단2415
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. The Defendant, at around 04:20 on November 2, 2014, at a singing room operated by the victim D (Woo, 41 years of age) in Daejeon-gu, Daejeon-gu, the Defendant committed an indecent act by compulsion by force against the victim by inserting his hand into the victim’s clothes while singing together with the victim. The victim who resisted the victim’s finger by inserting his hand into the victim’s hearing breath, and inserting his hand into the victim’s hearing breath, and continuously putting his hand into the victim’s panty, thereby committing an indecent act by coercioning the victim.

2. The Defendant assaulted the victim on the ground that the victim D (at the age of 41) demanded 398,000 won at the time, place, or the victim’s drinking value as set forth in the above Paragraph 1, while taking the victim’s bath, and taking the victim’s face into consideration at one time with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The application of Acts and subordinate statutes on reporting the arrest and initial measures of suspects, such as indecent acts by compulsion;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggregate of the long-term punishments in each of the above crimes]

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Application of the sentencing criteria;

A. As to each of the crimes in the holding, the sentencing guidelines for the crime of indecent act by compulsion is applied. 1) A sex crime group, general standard, the crime of indecent act by compulsion (subject to 13 years of age or older), the crime of indecent act by compulsion (subject to 13 years of age or older), the first type (general indecent act by compulsion) (subject to 6 months or more of imprisonment), the basic field of crime [the scope of recommendation field and recommendation], the crime of assault [the decision of type], the crime of violence, the crime of assault (general assault) and the first type [the person specially

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