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(영문) 대구지방법원 2018.11.22 2018고단4219

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 16, 2018, the Defendant, at around 01:00, was drunk in a singing room in Daegu Dong-gu, Daegu-gu, and was under the influence of alcohol in a singing room, and was under the influence of the victim’s hand, and turned the victim’s hand over to the Defendant’s bridge, and then, the Defendant forced the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Investigation reports (the search and investigation of strings), investigation reports, strings E, F, and G statement listening reports), investigation reports, summary of recording records, and application of Acts and subordinate statutes to recording records;

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 (subject to more than 13 years) under the general criteria for sex offense is mitigated (one month to one year) (the person subject to special sentencing). The crime of this case is not subject to punishment (the decision of sentencing).