(영문) 대구지방법원 서부지원 2015.01.29 2014고단1653

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(영문) 대구지방법원 서부지원 2015.01.29 2014고단1653

강제추행

Text

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

On August 10, 2014, the Defendant, at the home of the Defendant located in Daegu Metropolitan City, Seogu, Seogu, and D (n, 22 years of age) fri-gu and C, performed drinking together with the victim D (n, 22 years of age). The Defendant and C have the victim grow at his home and home of the person who was drunk. After having the victim grow, the Defendant and C have dice more drinking in the ward.

On August 10, 2014, at around 03:45, the Defendant committed an indecent act by force against the victim, such as taking the victim's chest back, taking the victim's chest back, taking the victim's finger back by hand, and taking the victim's finger back by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 accused is obligated

In light of the fact that the accused does not have the same kind of power to issue an order to disclose or notify personal information; circumstances after committing the crime; the extent and expected side effects of the accused's disadvantage due to the order to disclose or notify personal information; the prevention and effects of sexual crimes subject to registration which may be achieved therefrom; and the effect of protecting the victim; etc., the accused shall not be issued an order to disclose or notify personal information to the accused.

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제298조

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