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(영문) 대전지방법원 2014.03.26 2013고단4576
강제추행
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2013, at around 22:40 on October 25, 2013, the Defendant: (a) asked the victim E (here, 38 years of age) who is an employee at the restaurant in the Jung-gu, Daejeon to have a credit; (b) provided the victim’s shoulder by left hand, and (c) provided the victim’s right chest at one time with the victim’s shoulder, and (d) continuously arranged the damaged signal, the Defendant committed an indecent act by force on the part of the victim by saving the victim’s shoulder by hand depending on the victim’s hand, and putting the victim’s left chest at one time with his left chest.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant 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 obligated to submit personal information to the competent agency

In full view of the Defendant’s age, character and conduct, criminal record, motive and background of indecent act, degree of indecent act, anticipated side effect of the Defendant’s disadvantage due to an order or notification order, prevention and effect of sex crimes subject to registration that may be achieved therefrom, protection effect of the victim, etc., the Defendant is determined to be prohibited from disclosing personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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