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(영문) 대구지방법원 2016.04.26 2016고단441

강제추행등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on August 13, 2015, the Defendant: (a) committed an indecent act against the victim E (hereinafter referred to as “Arh, 19 years of age”) by attracting the Defendant’s shoulder by hand, instead of pottering the victim, to force the Defendant’s shoulder on several occasions; and (b) committed an indecent act by attracting the victim’s finger at a coffee shop at around 20:30 on the same day by inducing the victim’s hand to take her hand and forcing the victim to take her seat at a coffee shop at around 20:30 on the same day; and (c) forcing the victim to take part in the coffee shop at around 20:30 on the same day.

2. The Defendant, around September 22, 2015, at around 01:00 on September 22, 2015, the Defendant: (a) stolen KRW 7.80,00 in cash from the victim H’s wall under the influence of alcohol before G in Eunpyeong-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Application of the Kakao Stockholm text statutes;

1. Article 298 of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (a point in which compulsory indecent act is enforced) of the relevant Act;

1. Selection of each sentence of imprisonment;

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. Where this judgment becomes final and conclusive with respect to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects.