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(영문) 대구지방법원 서부지원 2018.10.11 2018고단720

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person working as the head of production division of C Company C in Daegu-gu, and the victim D (the 30 years of age, the Switzerland nationality) is a worker who conducts on-site work under the management and supervision of the Defendant on the second floor of the said C Company C.

On July 2017, the Defendant 22:30 around early 22:30, while working in the second floor work site of C Company 2, and she spared the victim behind the victim, and she spared the victim by sparing the victim with his/her clothes above in his/her hand.

The Defendant, from that time to January 2018, committed an indecent act against the victim on a total of six occasions, such as the list of crimes in the attached Table, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In full view of the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, benefits and preventive effects expected by the disclosure order and the notification order, disadvantage and side effects resulting therefrom, etc. of the defendant exempted from the disclosure order, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.