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(영문) 대구지방법원 2018.06.27 2018고단2004
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant’s forced indecent act: (a) the victim D (Woo, 56 years of age) located in Daegu-gu Dong-gu, Daegu-gu, about 17:30 on December 30, 2017, refers to the E restaurant operated by the victim D (Woo, 56 years of age) as a large school; and (b) the Defendant’s statement to the victim that he would lighting the victim.

The term “indecent act” refers to “indecent act by force by using and rhizing the chest and the sound on five occasions.”

2. The Defendant, at the same time and place as above, was able to calculate the drinking value from the damaged person, and hear the words “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes on report on internal investigation (on-site situations and witness statements);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, and Article 314 (1) of the Criminal Act (Selection of Imprisonment with labor);

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

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

1. The first crime (sex crime) of Article 21 (2) (proviso) (proviso) (proviso) of the Act on the Protection of Juveniles from Sexual Abuse against Children and Juveniles from Order to Attend may be read to, and used in school, the nearest elderly, health, very bad, and undeveloped. Therefore, it is difficult to expect the effectiveness of the prevention of recidivism due to the demotion) on the grounds of sentencing [the scope of recommendations] general standards for the crime of indecent act by force (the scope of punishment recommended for 13 years or older)] of Article 21 (2) (proviso) of the mitigated area (one month or one year from the date of special mitigation) [the scope of recommendations] of Article 21 (2) (proviso) of the Act on the Protection of Juveniles from Sexual Abuse against Sexual Abuse [the scope of punishment recommended] of Article 21 (2) (proviso) of the Act on the Protection of Juveniles from Sexual Abuse against Sexual Abuse against Children and Juveniles from Order to Attend, and thus, it is not punishable by imprisonment with prison labor for one year or four years (one year or more).

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