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(영문) 대구지방법원 2014.09.25 2014고단1057

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

It has disclosed the information on the defendant for three years using the information and communications network.

Reasons

Punishment of the crime

[criminal power] On July 22, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, which became final and conclusive on July 30, 201, but the said judgment was revoked on March 31, 2012, and the execution of the said sentence was terminated at the Kimcheon Juvenile Reformatory on January 11, 2013.

【Criminal Facts】

1. On January 7, 2014, the Defendant: (a) committed indecent act by compulsion; (b) on the part of the victim E (the 35-year old-old) who entered a customer within the D convenience store located in Daegu-gu, Daegu-gu; (c) the Defendant told the victim to “strings, rings, strings, strings, and strings”; and (d) caused the victim’s paralysis while she had a dispute with the victim, and led the victim to indecent act by force.

2. When the victim strongly resisted the Defendant’s indecent act at the same time and at the same place, and opened a convenience store entrance and requested assistance to the surrounding person, the Defendant assaulted the victim, such as drinking once a day off the back of the victim, turning the back of the victim once a day off.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Previous convictions: Criminal history records, replys to the Daegu District Court Decision 2010 Height3784, confinement information inquiry, and application of the Acts and subordinate statutes on the search of cases by Daegu District Court Decision 2012Hu264;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49 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, and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 1 of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse)