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(영문) 대구지방법원 2014.04.17 2013고단6113
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:40 on September 26, 2013, the Defendant told the victim E (the 19-year old) within the second floor of the D Hospital located in Daegu Jung-gu, Daegu-gu, that the Defendant saw the victim E (the 19-year old) to be indecent act by force, and that the victim who was reported on his business was inside the said electronic microscope room, which is a closed space where the victim was pushed away, and that the victim “I are only one chest, you are only one chest, and they are fluored only one chest, and they are fluor by exceeding the clothes.”

When the victim did not resist buck so, the defendant did not resist bucks with buckbucks and breast part of the victim by hand, and continued to do so by hand, but the victim resisted with bucks and bucks, but the victim bucks against the victim and bucked with bucks, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on the instant crime subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant becomes 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 the obligation to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree and expected 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 may be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.

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