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(영문) 대구지방법원 김천지원 2014.01.17 2013고합142

강제추행등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2013, at around 10:00, the Defendant committed an indecent act by force against the victim E (here, 56 years of age) by using sparing the victim E (here, 56 years of age) from the ward, 105 Dong-si, 1001, a building D, a 105-dong, and 101, and driving the victim’s chest with her hand.

2. At around 14:00 on the same day, the Defendant was flicking the chests of the said victim at the place under Paragraph 1, and the victim tried to flickly “I am sexual harassment on the chest.” However, “I am only” and “I am only,” and caused the victim to go over to the right side of the her to the right side, thereby having the victim go beyond the 14-day medical treatment. As such, the Defendant was flicked with a chest flick wall that needs to be treated for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 298 and 298 of the Criminal Act concerning facts constituting the crime, the choice of punishment, and Articles 301 and 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [see, as examined below, there are special circumstances in which disclosure or notification of the personal information of the accused should not be disclosed or notified as follows], the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.