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(영문) 대구지방법원 상주지원 2018.01.09 2017고단501
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On September 11, 2017, the defendant, at the victim D (n, 58 years old) operating restaurant in C at the time of stay at around 22:00, was first good when considering the victim's "."

The age is fine even in case of food.

The inside of the Republic of Korea was good.

The phrase, “,” etc., intending to attract the victim to the victim in a double arms, lying the victim on the floor, see the victim’s breast part, see the victim’s breast part, and be off the victim’s upper part and front part.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of each internal investigation report (No. 2, 4 of the evidence list), investigation report (No. 15 of the evidence list);

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 (see, e.g., the fact that the defendant recognizes and reflects the crime, the fact that the defendant has no criminal record in the same kind, and that the victim is the mother of the defendant);

1. If a conviction of a sex offender subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person attending a course of education on the grounds that 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 pursuant to Article 4

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act.

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