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(영문) 대구지방법원 2016.10.21 2016고합317
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as a secretary in the E-Japan located in Daegu Northern-gu D.

On May 21, 2016, at the above hospital around 00:30 on May 21, 2016, the Defendant committed indecent act by force against the victim by using the victim F (n, 43 years of age)’s two arms, and by using both hands the victim’s chest with his hair, and by using the victim’s hair with his head.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes concerning a photograph of a G dialogue course;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [where a conviction of personal information against a registered accused is finalized, it is difficult to conclude that the accused has the recidivism risk of sexual crimes or recidivism. In light of the degree of exercise of the instant tangible force, Defendant’s age, character and conduct, home environment, social relationship, etc., considering the following: (a) personal information registration and attendance order alone appears to have the effect of protecting children and juveniles from recidivism and sexual assault treatment; (b) where personal information of the accused is finalized, the accused falls under 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 (c) the accused falls under a person subject to registration of personal information pursuant to the same Act.

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