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(영문) 대구지방법원 2014.05.29 2013고단6322

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall take a course of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On July 16, 2012, the Defendant was sentenced to a fine of KRW 1,00,000 by the Seoul Western District Court as an offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place).

【Criminal Facts】

On October 16, 2013, around 14:00, the Defendant: (a) placed the victim E (hereinafter, 22 years old) who was suffering from masts to correct pelbs, booms, and necks at the shop site in the Daegu Suwon-gu C3th, Daegu Suwon-gu, 2013; (b) placed the Defendant’s hand in the panty space in which the victim entered, and kidd the victim’s hand on his hand; (c) opened the victim’s hand on his hand; and (d) opened the victim’s fingers into the damaged part of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E and F;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to the investigation report (in the inside of the skin management office);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant

The reason for sentencing [Scope of Recommendation] General Standard for the Crimes of Indecent Act by Indecent Acts (subject to 13 years of age or older) is the basic area (6 months or more to 2 years), and there is no special person [decision of the sentence] [decision of the sentence] The crime of this case is to be executed by the victim who caused the death of the defendant.