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(영문) 대구지방법원 2018.01.16 2017고합474
강제추행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Defendant

In addition, around 12:00 on August 13, 2017, the claimant for the observation order for protection (hereinafter referred to as the "defendant") served as the delivery source at the restaurant in the name of "E" located in Daegu-gu, Daegu-gu, and reported that the victim F (V, 24 years old) who is a part of the victim F (L, 24 years old) who is a part of the child born out, and that the victim "I shall not be pregnant, I shall be pregnant at the age," and that the victim was aware of the victim's her hys by his own hand. From July 22, 2017 to July 2, 2017, the victim committed an indecent act by force by committing an indecent act, such as the victim's shoulder, hys, etc., with the victim's own hand, at the above restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes committed by force on August 13, 2017, the largest penalty for concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Protection and Observation Order;

1. Where a conviction against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same

For the reason of sentencing, the crime of this case is committed by the defendant, who works as a delivery source at a restaurant, and is a female victim who is a part-time student of the same restaurant over seven times.

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