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(영문) 대구지방법원 2018.12.20 2018고단4629

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2018, at around 00:35, the Defendant drinked mixed drinking in “C building” located in Daegu Northern-gu B, Daegu, and caused the victim D (V, 20 years of age) who is an employee of the Defendant to sit in his/her side seat, and committed an indecent act by force against the victim, by using the victim’s own hand only under his/her clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Investigation reports (Attachment of Table 112 for the handling of reported cases) and the application of Acts and subordinate statutes concerning data;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason for sentencing [Scope of Recommendation] The crime of indecent act by force under the general criteria for sex offense (subject to more than 13 years) is to be mitigated (1 month to 1 year) (special sentencing person) (special sentencing person). The crime of indecent act by force is not to be punished (decision of sentence] The crime of indecent act by force is to be punished strictly as a crime of giving the victim the wound of mind that is not easily recovered to the victim.

However, the defendant has received a letter of apology by committing the crime against the victim.