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(영문) 대구지방법원 서부지원 2020.01.09 2018고단3226

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the representative of the Fitice Center, and the victim B (n, 25 years old) is the troper of the Fitice Center.

On August 15, 2018, the Defendant: (a) 02:20 on August 15, 2018, when drinking alcohol with the victim, etc. at the Dju points in Daegu-gu, Seogu, Daegu-gu, the Defendant attempted to put the victim, followed, and forced him to put the victim to see her; and (b) the drunk victim, under the influence of alcohol, got the victim from the road to the eel F of the Daegu-gu, Seogu, Daegu-gu.

The Defendant, while exposing the victims, etc. who are engaged in turbing in the turto, laid down a turbine to the victim's Cheongba, and prevented the victim from leaving the turba, but forced the victim to commit an indecent act by inserting his hand into the victim's inside the turba zone, and by taking the victim's turba with his hand in charge of his breast, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness B [the contents of the victim B's statement are consistent and concrete, there is no inconsistency between the victim's CCTV images and other evidence in the judgment, and there is no reason to open the above statement in light of the balance between the defendant and the victim. Accordingly, the victim's statement is credibility.]

1. Legal statement of witness G;

1. Application of investigation reports (on the spot CCTV verification), investigation reports (the verification of CCTV in a DNA point), and statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Details and results of the instant crime under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the circumstances before and after the crime, the defendant’s occupation and environment, and the degree of disadvantage and anticipated side effects of the defendant’s entry due to