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(영문) 대구지방법원 2018.11.08 2018고단4410

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 2, 2018, the Defendant, at the convenience store located in G, in G, the G, an employee, around 02:50 on September 2, 2018, met with the victim D (the victim 20 years of age) with her hand, and met with her buck with the victim's her hand, and the victim lost and refuses the arms, and the victim her bucked with her her buck, and her kids, and the victim did so. The victim refused to do so.

Even if he refused to do so, he continued to do kis, and kiscing the victim's kisc and kiscing it into a drafting.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A complaint filed by D;

1. A report on investigation (Attachment of a photograph by cutting off CCTV images at the scene of a crime) - a photograph of closure;

1. Investigation report (Attachment to photographs of the victim's injury) (Attachment to photographs of the victim);

1. Investigation report (Attachment of letters sent by the victim after committing the crime) - Application of the message-related Acts and subordinate statutes;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (to exempt an order to attend a course, considering that an alien has failed to be able to use the

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, consequences and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the instant sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victims, etc. shall be comprehensively taken into account.