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(영문) 대구지방법원 2018.11.16 2018고단4070
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 14, 2018, the Defendant, at the entrance of the “C” club located in Daegu-gu, Daegu-gu, 06:00, committed an indecent act by force against the victim, such as the victim’s her amb, waiting to find a room at the entrance of the “C” club, in which the Defendant works as an employee, and the victim’s amb and her son, and the victim’s son was placed in the Defendant’s panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (verification of on-site CCTVs, etc.) and video photographs-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the victim would have caused considerable insult and sexual humiliation, and that the Defendant did not agree with the victim is unfavorable.

However, there is no criminal punishment against the defendant, and considering the favorable circumstances that the defendant is against the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

When a judgment of conviction is finalized on the facts constituting a sex crime subject to registration and submission of personal information, the defendant is 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to disclosure, notification and employment restriction order, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the sexual crime is committed.

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