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(영문) 대구지방법원 서부지원 2018.06.21 2017고합256

강제추행치상

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim C (n, 41 years of age) are able to face only one another, and both persons are well known to F, the parking management of the E-public parking lot in Daegu-gu D.

On September 14, 2017, around 16:58, the Defendant drinking alcohol with the above F and the victim at the above public parking lot office.

그러던 중 피고인은 17:33 경 사무실 안에서 F이 주차장 밖으로 나가 있는 사이에 피해자에게 바깥으로 바람을 쐬러 나가자고

At the same time, the chest was flicked by the victim, etc., and the victim was forced to place his hand into the clothes of the victim, and the victim was forced to do an indecent act.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement with respect to C and F;

1. Each written statement of C;

1. On-site photographs and field CCTV CDs;

1. A detailed statement of report on internal investigation (No. 2 No. 5 of the evidence list), 112;

1. (C), a copy of the medical record, and a psychological evaluation report (C), and a psychological evaluation report (A) applying the statute;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse that the Defendant has no criminal record identical to that of the Defendant; the Defendant’s age and social ties; criminal records; the details and motive of the crime; the method and consequence of the