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(영문) 대구지방법원 경주지원 2018.12.19 2018고단388 (1)
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 and the victim C (n, 21 years old) are between universities' post-age.

On March 5, 2018, the Defendant: (a) around 17:30 on March 5, 2018, at the victim’s residence located D of racing, caused the victim’s own desire to drink while drinking with the victim; (b) put the victim into his chest by bringing the victim’s chest; (c) demanded from the victim of play, “Influence, I wish to do so, I wish to do so, I wish to do so,” and collected cosmetics from the cosmetics located on the house for cremation of the above residence to the above cremation; (d) put the said scrap into the wall of the above residence; and (e) put the said wall into drinking; (e) brought the victim with both arms; and (e) brought the victim into the part of the victim who is living in the affected part of the above residence; and (e) made the victim forced the victim to enter the bed by drinking with the victim’s drinking.

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 a investigation report (related to the on-site verification), the field photograph of the case, the investigation report (related to the confirmation of CCTV images), the CCTV-cape, and CCTV video-related Acts and subordinate statutes;

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. If a conviction of a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the same Act.

The age of the defendant exempted from the disclosure or notification order and the employment restriction order, records of the crime, details and motive of the crime, methods and results of the crime, the disclosure order or notification order and the employment restriction order are expected to be disadvantageous to the defendant.

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