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(영문) 대구지방법원 경주지원 2016.07.20 2016고단62

준강제추행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A quasi-indecent act Defendant: (a) around December 20, 2015, around 04:15, and around 04:15, the victim F (at the age of 21) who was divingd in the soup room of “E” D on December 20, 2015; (b) had the victim’s knick with his/her hand attached into the victim’s clothes; and (c) had the knick with his/her strings.

Accordingly, the defendant committed indecent acts by taking advantage of human resistanceable condition.

2. The Defendant attempted to commit an indecent act by force, at the above date, at the above time, and at the above place, committed an indecent act against the said F, and attempted to see the victim G (the age of 25) who is locked at the same soup room, to see the victim’s face and make physical contact with the victim, but did not lead to the wind to see the Defendant regardless of the victim’s abnormal humiliation and see his eye.

Accordingly, the defendant attempted to commit an indecent act by using human resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. Application of Acts and subordinate statutes to field medication;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299, 298 (a quasi-indecent act committed by compulsion, choice of imprisonment), 300, and 299 (a quasi-indecent act by compulsion, and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 to attend a lecture;

1. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

I think)

. personal information;