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(영문) 대구지방법원 2018.03.15 2017고단3698

강제추행

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2017. 5. 26. 09:10 경 대구 중구 C에 있는 D 11 병 동 여자 화장실 앞에서 위 의료원 간호 실습 생인 피해자 E( 여, 20세) 이 손을 씻고 나오는 것을 보고 피고인의 어깨로 피해자의 어깨를 밀친 후 갑자기 손으로 피해자의 오른쪽 엉덩이를 툭 치듯이 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Legal statement of the defendant (as at the date of the eight public trial, in the case of the defendant);

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in each police statement with respect to F and G;

1. Descriptions of a investigative report (Attachment ofCCTV Data) and the application of video-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant has no record of criminal punishment for sexual crimes prior to registering personal information or completing a sexual assault treatment program can expect the effect of preventing recidivism by the Defendant;

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reason for sentencing is that it is not good that the offense was committed against medical personnel within the hospital, that is not taken by the injured, that is, that it recognizes the crime and reflects the fact, that there is no power of the same kind, and that the degree of conduct is significant.