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(영문) 대구지방법원 김천지원 2018.10.29 2018고단334
강제추행등
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

1. Attempted indecent act committed by force;

A. On December 6, 2017, at around 09:30, the Defendant, at the “DPC room” seated in Kimcheon-si Kimcheon-si, sought to drink the victim’s own arms in order to commit an indecent act against the victim E, who is an employee, and tried to use the victim’s own arms. However, the Defendant failed to commit an attempted act by pushing the Defendant.

B. On December 6, 2017, around 11:16, 2017, the Defendant sought to drink the said victim’s mind to commit an indecent act, and use the victim’s own arms, and tried to use the victim’s own arms. However, the Defendant did not commit an attempted crime without having the victim interfered with the Defendant’s secret, sound, and resistance.

2. On December 11, 2017, at the same place as the statement of No. 1-A around 10:47 around December 11, 2017, the Defendant committed an indecent act by force against the victim by making the victim’s her own knife with his/her own knife with his/her knife with drinking water to the cooling house, and by forcing the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the Acts and subordinate statutes concerning the closure of each screen picture;

1. Relevant legal provisions concerning criminal facts;

(a) Attempted indecent act by force: Articles 300 and 298 of the Criminal Act;

(b) Forced indecent conduct: Article 298 of the Criminal Act;

1. Selection of penalty: Imprisonment with prison 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. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the public, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it shall be considered that there is only one criminal record for the same type of crime, the content of the crime, degree of damage, the age of the defendant, mental illness, and the progress of treatment therefor, etc.);

1. The main sentence 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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