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(영문) 대구지방법원 2019.02.12 2018고단4663
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

The Defendant is the president of the main office of “C” located in Daegu Suwon-gu B, and the victim D (n, 26 years of age) is the employee of the said main office.

1. On May 3, 2018, the Defendant, at the main point of the “C” as above, talked with each other in relation to the work of the victim and the main point, and the Defendant was well aware in the future, and the victim was able to attract the victim, and the victim was made several times by hand, and kis on the part of the victim, thereby forcing the victim to commit an indecent act.

2. 피고인은 같은 달 4.경 위 ‘C’ 주점에서 피해자가 일을 마치고 귀가를 하려고 하자 갑자기 피해자에게 다가와 수고했다고 하면서 손으로 피해자의 엉덩이를 툭 치듯이 만져 피해자를 강제로 추행하였다.

3. Around the 6th day of the same month, the Defendant, at the main point of “C”, knee and knee, knee the victim’s kne and knee, knee and knee, knee the victim’s ear and knee, and kne on the part of the victim’s ear and kne, and

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the inside structure of theC and the movement route of victims);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Grounds for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Reduction elements (one month to one year) in the mitigation area (one month) in the first type of indecent act by compulsion (general indecent act by compulsion of the age of 13 or more) on the basis of the sentencing guidelines, the range of recommendations [the scope of recommendations] on the sentencing guidelines: Imprisonment with prison labor for no penalty source (the application of the standards for handling multiple crimes).

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