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(영문) 대구지방법원 김천지원 2017.03.29 2016고단1382
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 4, 2016, the Defendant, at around 02:00, committed an indecent act by: (a) entering the victim I (a) of H 201 in the Gu-U.S. Si-si Building 201 (a person under the age of 24) with the inside of the house and driving away the drunk victim; and (b) making the victim “a person who was sexually good, a person who was within one time,” and (c) by forcing the victim to commit an indecent act in line with the victim.

Summary of Evidence

1. The legal statement of the witness I;

1. Part concerning I statement of the three-time suspect examination protocol against the defendant in the police investigation protocol;

1. Statement made by the police with regard to I;

1. In addition, the victim made a very specific and consistent statement about the content and degree of his/her conduct from an investigative agency to this court, the situation at the time of his/her conduct, the background of his/her conduct, and the conversation between the Defendant and the victim, etc. Also, there is no special reason that the victim would injure the Defendant even when he/she was punished for perjury.

In addition to the statement attitude of the victim in this court, credibility is recognized in the victim's statement.

Therefore, it can be sufficiently recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court.

Application of Statutes

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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 Order to Attend the course of crime is not to be weak and to deny the crime and to cause secondary damage to the victim.

However, the sentencing conditions shown in pleadings, such as the defendant's age, sexual conduct, circumstances before and after the crime, etc., shall be determined by taking into account the favorable circumstances such as the defendant's absence of records of the crime, except once a fine is imposed.

The judgment of conviction on the criminal facts in the judgment that is a sex offense subject to registration and obligation to submit personal information shall be confirmed.

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