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(영문) 대구지방법원 2017.11.28 2017고단5347

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

On July 1, 2017, at around 03:00, the Defendant discovered the Victim F (F, 50 years of age) who was returning to Korea after completing work, and followed approximately 300 meters by 50 meters, and committed an indecent act by force against the Victim’s panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. On-site photographs (Attachment of CCTV photographs around the scene), CCTV photographs, CCTV photographs, internal investigation reports (the counter-investigation of the U.S. source for the first witness environment), internal investigation reports (the tracking of the suspect through the analysis of CCTVs), and the application of Acts and subordinate statutes to the suspect immediately before committing the crime through the analysis of additional CCTV data;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reason for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The mitigated area (one month to one year) of category 1 (the general indecent act by force) of the crime of indecent act by force (subject to not less than 13 years of age) shall be the scope of the recommended punishment on the sentencing criteria (the scope of the recommended punishment).