logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2020.06.18 2019고합224
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the owner of the business that operates the C heading office in Daegu Seo-gu, and the victim D (V, 19 years old) is the employee of the above heading office.

1. On September 17, 2019, the Defendant committed a new wall: (a) around 03:45 on September 17, 2019, the Defendant committed an indecent act by force against the victim, on two occasions, by rhing two chairs on the opposite part of the Defendant, when he gets together from the head of the above heading line to the table 1 table. (b) At around 03:45 on September 17, 2019, he saw the victim as his hand.

2. On September 17, 2019, the Defendant committed an indecent act on September 17, 2019: (a) around September 18, 2019, at the main room located in the said head office, the Defendant committed an indecent act by force against the victim by putting the victim into two arms after the victim et al., while working to separate rice tea with the victim at the main room located in the said head office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 12);

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment determined in the crime of indecent act by compulsion as referred to in paragraph (1) of the same Article which is heavier than the criminal situation);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Order to attend lectures and community service sexual crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and personal information of the Defendant.

arrow