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(영문) 대구지방법원 2018.07.27 2018고단1182
강제추행등
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

1. On September 19, 2017, the Defendant: (a) was forced to commit an indecent act on the spot of “C hotel” located in Seogpo City B, Seopo-si, a lodging room for the training period of Gu Council members around 20:50 on September 19, 2017; (b) was seated next seated in D buses; and (c) was forced to commit an indecent act by force on several occasions, as the victim of Dongpo-gu, the Dongpo-gu, who was 58 years old.

2. On September 19, 2017, the Defendant attempted to commit compulsory indecent act: around 21:50, the Defendant divided the labels around the entrance door to which the victim was accommodated in the “C hotel” above.

The injured party was able to know that the female members of the room were the ones of the female who used the room together, but the injured party was able to see the Defendant by reporting it.

“The entrance was set up to close.”

The defendant got off the victim with no other way.

The victim tried to commit an indecent act by putting the door in the door and forcing the victim to wear the door, but the victim attempted to commit an indecent act by force. However, the victim failed to commit an attempted act on the wind to close the door.

Summary of Evidence

1. The defendant's legal statement recognizing the crime of forced indecent act;

1. The statement to the effect that the victim was unable to enter as a shower in the process of interrogation of the suspect by the prosecution against the defendant, but the entrance door of the guest room was obstructed;

1. Statement made by the prosecutor to the victim;

1. Each police statement made to the victim, F, and G;

1. Character messages printed out;

1. Application of Acts and subordinate statutes of photograph (Evidence List 19);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act (Selection of Imprisonment with labor);

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to attend a lecture;

1. The reason for sentencing of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order.

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