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(영문) 대구지방법원 2017.11.28 2017고단4637
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has served as a funeral director in C Hospital funeral hall.

At around 17:30 on June 18, 2017, the Defendant discovered that the victim E (the 26-year age) who is an employee of C Hospital funeral hall located in Daegu-gu, Daegu-gu, was divingd in a simple beds, opened the victim's left hand by standing in the beds, and kidd the victim's left hand on the part of the defendant's sexual flag by taking away the victim's left hand from the lock, and forced the victim to put his hand into the neck, thereby committing an indecent act against the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (limited to the attachment of photographs by cutting down the conversation between the suspect and the victim, such as letters);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

Reasons for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The mitigated area (one month to one year) of category 1 (the general indecent act by force) of the crime of indecent act by force (subject to not less than 13 years of age) shall be the scope of the recommended punishment on the sentencing criteria (the scope of the recommended punishment).

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