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(영문) 대구지방법원 2018.05.04 2018고단787

강제추행

Text

A defendant shall be punished by imprisonment for 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 December 19, 2017, around 06:30 on December 19, 2017, the Defendant: (a) discovered the victim B (bee 20 years of age) boarding and leaving a taxi in the vicinity of the 119 Safety Center in Daegu-gu, Daegu-ro 35 at the 119 Safety Center; and (b) driven his/her car and went to the house of the victim.

The Defendant, who was taking the password of the 1st floor entrance around the house located in Daegu, Dac “at the time from the city with his mind,” refers to “from the city with his mind,” and buckbucks three times, and used the left part of the bucks in the hand room.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. The course of movement of the person under consideration;

1. Application of each statute on photographs;

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 grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order of Community Service and Order of Attending Education [the scope of recommended punishment] and the grounds for sentencing [the general standards for compulsory indecent conduct (13 or more years of age)] and there is no person [the person subject to special sentencing] [the sentence] [the sentence] for six months, suspension of execution two years, community service, and order of attending education (the crime committed after going through night), thereby causing sexual humiliation to the victim as well as fear, and causing bad character to the victim's fear. The defendant has no record of punishment with the same criminal history or imprisonment with prison labor; the registration of new information and the crime subject to registration of a sex crime subject to obligation to submit personal information under Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the defendant is finally confirmed to have a conviction on the crime subject to registration of a sexual crime subject to the obligation to submit such information.