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(영문) 대구지방법원 김천지원 2014.09.17 2014고단790
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 July 14, 2014, at around 00:50, the Defendant reported that the victim B (the age of 20) was under the influence of alcohol and walked from a taxi, and followed the victim, while he was able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

At around 01:00 on the same day, the Defendant got away from the victim's back, and got the victim's back to the front door of the apartment house, thereby preventing the victim from getting out of the knick by his own knife with the victim's own knife, and then putting the Defendant's left hand under the part of the victim's clothes, and continued to have the victim's knife the Defendant's hand into the part of the victim's knife.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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;

1. The defendant's liability is very heavy in light of the circumstances and degree of indecent act by force on the grounds of sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, however, considering the fact that there is no record of criminal punishment and the circumstances favorable to the victim, the scope of the recommended punishment according to the sentencing guidelines (the general standard is the basic area (6-2 years), the basic area (6-2 years), the scope of the recommended punishment according to the first type (the object of indecent act by force (the object of the age of 13) and special mitigation: the victim who is vulnerable to the crime, personality and conduct, environment, etc.) and all other circumstances, including the defendant's age, character and environment, etc.

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sexual crimes of the defendant to be submitted with personal information, the defendant shall be subject to Article 42 (1) of the Act on Special Cases concerning the Punishment,

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