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(영문) 대구지방법원 포항지원 2017.11.23 2017고단1267
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 9, 2017, the Defendant tried to dance with the victim C (the family name, the female, and the age of 27) who divided the friendship and talk in the corridor B 1st floor of Suwon-si, Suwon-si on September 9, 2017.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C (tentative name);

1. Each written statement D and E [the defendant alleged to the effect that he was in a state of mental disorder under the influence of alcohol at the time of the instant case, and according to each of the above evidence, it is recognized that the defendant had drinking alcohol at the time of the instant case, but in light of the background leading up to the instant crime, the method and method of the commission of the crime, and the circumstances after the crime, etc., the defendant cannot be deemed to have reached a state of lacking the ability or weak ability to discern things due to drinking at the time of the instant crime, and thus, the defendant's argument is not acceptable

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, and the protection effect of the victim, etc. shall be comprehensively considered.

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