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(영문) 창원지방법원밀양지원 2020.08.18 2019고단362
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 05:00 on March 24, 2019, the Defendant: (a) around 05:00, at one singing room “C” located in Singing-si B; (b) together with the victim D (the name, the 46-year age), who is in charge of the management, etc. of the trucker in the said singing room, drinked the victim’s right chest with his left hand; and (c) accordingly, the victim took the victim’s right chest by driving the victim’s left hand with his defect in the port.

On the other hand, the defendant continued to have the victim knife his arms with the victim's knife's knife's knife with the victim's knife's knife with the victim's knife's body.

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

Summary of Evidence

1. Each legal statement of witness E and F;

1. The recording of statements made by witnesses D in the third protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The prosecutor's office and the police's statement concerning D;

1. Each police statement of E and F;

1. A G manual;

1. A copy of the internal investigation report (only with respect to the attachment of CCTV images within a main point), CCTV CDs, and investigative reports (CCTV CDs analysis);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. Determination of sentence: 10 months of imprisonment, the specific details and circumstances of the instant crime, and the degree of indecent act in light of the following:

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