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(영문) 대구지방법원 2017.01.10 2016고단3125
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

Reasons

Punishment of the crime

On April 3, 2016, the Defendant: (a) around 00:10, around 00, at the D Singing Singing practice room No. 1, the victim E (the victim E, 26 years of age), etc. first known to C, and the other persons except the Defendant and the victim, were in the screen; (b) singing the finger with the victim’s clothes above the victim’s right side, and sing the finger with the victim’s finger, and sing the finger with the victim’s clothes. However, even if the Defendant had knicked his finger with the victim’s clothes, the Defendant committed an indecent act by force by force the victim by putting the victim’s chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Reporting on the occurrence of cases subject to forced indecent conduct and reporting on the internal investigation;

1. Application of Acts and subordinate statutes to investigation reports (for recorded files submitted by the person under investigation, referring to the recorded files);

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

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Defendant

1. Judgment on the defense counsel's assertion

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