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(영문) 대구지방법원 2018.04.26 2017고단6373
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 8, 2017, the Defendant forced indecent act: (a) found the victim E (at the age of 19) who danced at a D club located in Daegu-gu, Daegu-gu; (b) and (c) brought the victim E (at the age of 19) in his/her hand.

Therefore, while the victim was her grandchildren, the victim was forced to commit an indecent act on the part of the victim.

2. In the above date, at the above place, the Defendant was forced to commit an indecent act and continued to play for another woman, but the Defendant was able to take care of the victim F (19 years of age). However, on the ground that the Defendant’s hand led the victim’s shoulder, entered a club room, carried the back head once a week of drinking, carried the victim’s face and face by continuously breaking the victim, and then put the victim’s face at the entrance of the club beyond one time of drinking. In short, the Defendant saw the victim to put about approximately three weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement concerning G in the protocol concerning the examination of suspect of the police officer;

1. Statement in each police statement made to E, H, F, I, and J;

1. Each statement of E and F;

1. A report on internal investigation into the site conditions, etc.;

1. F standing photographs;

1. Investigation report (verification of CCTVs for on-site crime prevention) - Image photographs, investigation reports (verification and attachment of CCTVs at the entrance of toilets in D clubs) - photographs, investigation reports (Attachment of victim F diagnosis reports) - Application of Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier punishment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The defendant's age, occupation and exemption from the disclosure order and notification order;

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