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(영문) 대구지방법원 서부지원 2018.10.11 2018고단120

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2017, the defendant and the victim C (n, 20 years of age) worked in the same restaurant for about one year in around 2015, the defendant and the victim C (n, 20 years of age) came to serve together with the victim on the proposal of the defendant.

The Defendant, at around 22:50 on the same day, committed an indecent act by force against the victim by forcing the victim to take a bath while walking together with the victim in order to have his/her own car parked in the lending parking lot located in Daegu-gu, Seogu, Daegu-gu. D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Photographs, CDs, the 112 reported case processing table, and text message;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 10, 13, 16, 19 of the evidence list);

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso of Article 50(1) and the proviso of Article 56(1) of the Act on Special Cases concerning the Protection, etc. of Children and Juveniles against Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, previous conviction, risk of recidivism, benefits expected by an order for disclosure or notification, and adverse effects therefrom, etc.