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(영문) 대구지방법원 2018.10.05 2018고합291

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant

On May 14, 2018, at around 00:50, the claimant for the observation order for protection (hereinafter referred to as the "defendant") discovered the victim E (hereinafter referred to as 24 years old) who was faced with a bridged to the table table in Daegu-gu, Daegu-gu, as seen earlier, around May 14, 2018, and made an indecent act by force against the victim by using the victim's right chest in his/her own arms, while making the statement that he/she would sit back in the victim's arms, etc., and that he/she would go against the victim's arms, etc., and that he/she would go against the victim's right chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Reporting case handling table;

1. A report on internal investigation (a relative investigation into the business of convenience stores);

1. Application of investigation reports (Attachment of photographs of crime scene and CCTV data), on-site photographs, and CCTV 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 15452, Mar. 13, 2018); where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Imprisonment with labor for a range of applicable sentences under the law from January to February 10.