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(영문) 대구지방법원 경주지원 2016.07.06 2015고단901
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(n, 29 years old) came to know in the drinking place in 2010, and they became friendly.

The Defendant, at around 19:20 on June 24, 2015, performed alcohol with the victim and her husband F, at the “E” alcohol house located in racing D around 19:20 on June 24, 2015, in order for F to forcibly commit an indecent act against the victim who was seated in the next place by taking advantage of the gap in which the victim and her husband F, etc. were able to do so, and the victim’s bucks and drinking parts are limited to the victim’s bucks and drinking parts on hand under the table of the table, and the victim refuses to do so over several occasions

Although it means that “the victim made an application for divorce with her husband,” the victim made a forced indecent act on the victim’s part, such as her hand, her chests, bucks, and drinking parts through several times, and her back to the victim’s back.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. One copy of the drawing and four copies of the photograph;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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 Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

I think)

Where a conviction becomes final and conclusive on the criminal facts of this case, the defendant who is registered with new personal information shall obtain personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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