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(영문) 대구지방법원 2016.06.03 2016고합49

강제추행상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 4, 2015, at around 03:40 on December 4, 2015, the Defendant followed the victim who was seated in the DoMoel near Daegu Northern-gu C by the victim F. (F., 28 years old) who was seated by a restaurant, following the victim to go out of this house.

The Defendant tried to catch the victim’s breath and breath, and let the victim go to the above del, but when the victim resist, the Defendant met the victim’s chest and part, etc., as the victim resist, and the victim continued to resist the resistance, and pushed the victim’s head by walking the victim’s bridge with his hand.

As a result, the defendant forced the victim to commit an indecent act, and in the process, the victim suffered an injury such as salt, tension, etc. in the 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. CCTV video-recording products;

1. Application of Acts and subordinate statutes to report internal death (Visits to accommodation establishments around the scene);

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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

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

1. In light of the circumstances indicated in the records of this case, such as the background of the crime, the relationship with the victim, the relationship with the victim, the criminal record (no record of any sexual crime) and the circumstances after the crime, etc., there is a risk of recidivism or recidivism of a sexual crime against the accused, in light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse;

It is difficult to readily conclude this case’s tangible force, and in light of the Defendant’s age, sexual conduct, family environment, and social relationship, personal information registration and sexual violence.