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(영문) 대구지방법원 2020.10.13 2020고단4027
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 14:40 on April 27, 2020, the Defendant ordered and waited for alcohol, alcohol, etc. at a restaurant located in Nam-gu, Daegu-gu, Daegu-gu, the Defendant: (a) brought food to the victim C (the 55 years old), who is an employee of the place; (b) was placed on the tables; and (c) had the victim’s right chest with the victim’s hand to force indecent act by force; and (d) led the victim to indecent act by force.

2. At around 15:53 on April 27, 2020, the Defendant, at the same place as the above 1. Paragraph 1., the Defendant: (a) and the victim’s spouse, without any reason, committed indecent acts by compulsion by force by force, by taking the victim’s shoulder back to the face of the above victim; (b) “I wish to undergo the test of the first person to be considered as dynasium, and there is no job in Daegu dynasium. I wish to introduce the job. I wish to change the job.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each written statement (C, D), C, and D to each police protocol, and to laws and regulations on the closure of the C, C, and C;

1. Relevant Article 298 of the Criminal Act and the choice of punishment concerning the facts constituting a crime, and the choice of imprisonment;

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

1. Where a judgment of conviction is finalized as to the facts constituting a crime on which a person subject to registration and submission of personal information under Article 59-3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Criminal Act, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

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