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(영문) 대구지방법원 포항지원 2017.10.12 2017고단1045

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 24, 2017, the Defendant, within 10:30 on July 24, 2017, told the Defendant to commit an indecent act against the drunk victim while drinking alcohol with the victim F (the age of 19) first known on the day of the crime through introduction of the Defendant’s friendship D, E, and E (the age of 19) within the south-gu Maur 706, Nam-gu, Nam-gu, Seoul, 201, followed the victim to 705.

Defendant 1 entered the above guest room and seated in the beeel, and then kneeee knee knee knee knee kne

Although the victim refused to do so, the victim forced the victim to sit on knee by her hand and forced to knee by her hand, and attempted to keep the victim's chest and knebbbbbbbbs only, and fit it with the victim's inside.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, and the protection effect of the victims thereof are considered.