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(영문) 대전지방법원 2015.11.27 2015고단2914
강제추행
Text

A defendant shall be punished by imprisonment for six 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

The defendant is the representative of the "E" restaurant located in Daejeon Seo-gu D, and the victim (Inn, 56 years old) is the employee of the above restaurant.

On February 28, 2014, at around 09:00, the Defendant was drunk in the above restaurant, and the Defendant shicked the Defendant for the reason that other employees had come to a bad time, brought the Defendant to the victim himself while taking place, and made three to four repeated statements that “the Defendant would want to do”, and committed an indecent act by coercioning the victim’s negative part.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act;

3. Where this judgment becomes final and conclusive to submit personal information to be submitted under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall become a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is [the decision of the type] the general standard of the crime of indecent act by force (subject to the age of 13). The first type(general person by force)(general person by force)(general person by force)(special person by force) - The reduction element is not punishable.

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