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(영문) 대구지방법원 2014.04.03 2014고정41

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 2, 2013, at around 00:50, the Defendant committed an indecent act by force against the victim’s buckbucks located in Daegu Suwon-gu, by inserting to the following: (a) the victim E (here, 19 years old) who was extracted from his arms, by inserting his hand in the short half of the victim’s short half. (b) At approximately five seconds, the Defendant committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to on-site reports;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (the suspended punishment: a fine: a fine: 1,500,000) of the suspended sentence is that the defendant has faithfully committed the instant crime without the past record of criminal punishment prior to the instant punishment; the defendant has committed the instant crime under the influence of alcohol; the defendant has been under the influence of alcohol and has failed to repeat again; the defendant's family members are aware of his wrong facts by the investigative agency; the defendant's family members are also leading well in the future; the defendant appeals against the defendant; the victim does not want to punish the defendant; the defendant has expressed his/her intention that he/she would not want such punishment; when the defendant is sentenced to a fine or heavier punishment as a student at a graduate school of medicine, he/she would be seriously disadvantaged at a medical institution for the next ten years pursuant to the provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse; the defendant's age, inclination, etc.

Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the defendant to the head of the competent police office