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(영문) 대구지방법원 2018.06.22 2017고합101
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 23, 2016, the victim C (the victim C (the 20 years old), who was waiting for a taxi in front of the Daegu-gu Dong-gu, Daegu-gu around 18:35 on December 23, 2016, and the victim C (the 20 years old), who was forced to commit an indecent act by force against the victim C, and the person requesting the attachment order (hereinafter “Defendant”) was satisfying the victim’s chest by the victim’s own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. 피해자 E에 대한 강제 추행 피고인은 위 일시, 장소에서 위 C이 깜작 놀라 항의하자 그 옆에 있던 피해자 E( 여, 18세) 의 뒤로 다가가 갑자기 양손으로 피해자를 안고, 이에 피해 자가 뒤로 돌아 ‘ 왜 이러시는 거에요’ 라며 항의하자 갑자기 양손을 뻗어 피해자의 양쪽 가슴을 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes governing stenographic records;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against victims E with heavier punishment) ;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. In light of Article 47(1) and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the effect of preventing re-offending by the defendant can be achieved only on the registration of personal information of the defendant and the lecture for sexual assault treatment, in light of the fact that the defendant has no record of criminal conduct within the last ten years;

In addition, the defendant's age, sex, family relationship, and social.

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