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(영문) 대구지방법원 2016.08.12 2016고합264

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

피고인은 2016. 2. 22. 경 대구 북구 C에 있는 D 공원에서 구걸을 하고 있던 피해자 E( 여, 39세 )에게 “ 짬뽕 한 그릇을 사 주겠다.

“A restaurant with which the name can not be known” has taken the name into a restaurant.

피고인은 식당에 도착하자 다시 피해자에게 “ 식당에 사람이 많으니 내 집으로 가서 짬뽕을 시켜 먹자. ”라고 하여 피해자를 대구 북구 F에 있는 피고인의 집으로 데리고 갔다.

At the home, the Defendant, while drinking alcohol with the victim, called “one-time defect......” The Defendant laid the Defendant’s hand in the part of the victim, thereby gathering the Defendant’s hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the defendant's statement;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In light of Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) 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, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no history of sex offense against the accused, and the background of the instant crime, the relationship with the victim, etc., there is a risk of the recidivism or recidivism

In full view of all the circumstances, such as the fact that it is difficult to readily conclude, the registration of personal information of the defendant, and the fact that the order to attend school alone is expected to have an effect to prevent recidivism by the defendant, the personal information of the defendant shall not be disclosed or notified.