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(영문) 대구지방법원 2016.12.16 2016고합384

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 between the victim C (the age of 58) and the workplace rent.

At around 13:00 on August 13, 2014, the Defendant, at the E-cafeteria located in Daegu-gu, Daegu-gu, the victim’s workplace, followed the victim’s desire to engage in drinking, while the victim went through the victim’s side while the victim was able to take advantage of his own left hand and committed an indecent act against the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each investigation report (No. 11 and 12 No. 12)

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

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

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

1. Article 47(1) and the proviso to Article 49(1), the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, and Article 47(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [this case’s records] is difficult to readily conclude that a defendant has the risk of recidivism of sexual crimes or recidivism in light of the circumstances following the crime. In light of the degree of exercise of the tangible power in the instant case, the defendant’s age, character and conduct, family environment, social relationship, etc., personal information registration and probation, and the attendance order of sexual assault treatment merely appears to have the effect of protecting children and juveniles from recidivism and sexual violence crimes, it is determined that there is a special circumstance that the disclosure and notification of the defendant’s personal information may not be made.]

1. The Defendant’s summary of the assertion is the instant case.