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(영문) 대구지방법원 2018.08.17 2018고단1759
강제추행
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 20, 2017, around 00:35, the Defendant: (a) moved the victim (the victim, the 20 years of age) and alcohol to the right side of the main shop located in Daegu Northern-gu C, Daegu-gu, Daegu-gu, 2017; and (b) strokeed with one hand after the Defendant strokeed.

After that, the defendant laid his hand on the victim's right bucks and suckbucks, and made the victim fit for the victim.

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

Summary of Evidence

1. Legal statement of the victim;

1. Statement made by the prosecutor to the victim;

1. Statement made by the police for each victim;

1. The telephone tape-recording and each tape-recording;

1. A detailed statement of the processing of reported cases;

1. Application of the Acts and subordinate statutes governing the closure of text messages;

1. Relevant laws and the choice of punishment for crimes. Article 298 (Selection of Punishment of Imprisonment)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Reasons for sentencing under Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse of the Child and the Act on the Protection of Juveniles from Sexual Abuse [Scope of Recommendation] No person who does not have a basic area (6-2 years to 13 years or more) (the person subject to special sentencing) in the first category (6-2 years or more) of the Act on the Punishment, etc. of Sexual Crimes (the decision of sentence was rendered] [the person subject to the introduction of the victim] 8 months (the first instance of the commission of the victim, and the commission of violence at the victim's first place and the commission of the victim's serious fear are very bad, so the person subject to imprisonment with prison labor shall be sentenced to punishment, on the ground that the crime committed by the court below, which did not have any history of crime, becomes a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Pursuant to 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 personal information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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