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(영문) 대구지방법원 김천지원 2014.05.28 2014고단233

준강제추행

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

On February 9, 2014, at around 03:15, the Defendant was traveling along the side of the 3rd 64th knife (in the middle of the 3rd 64th knife) of the victim C (In the middle of the 26th knife), who was sitting in the above train, immediately before the arrival of the knife, 5 minutes of the Defendant’s sexual flag and right side knife of the knife.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police protocol law to C

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order: (a) although the defendant had been punished by a fine of five million won due to similar commission on April 1, 2013, the defendant committed the crime of this case at the same time; (b) the fact that the defendant was suffering from mental illness, such as an unfavorable circumstance, such as the fact that he was not an agreement with the victim; (c) the fact that there was no criminal record of suspended execution or more; and (d) the extent of the recommended punishment according to the sentencing guidelines (general standard type of indecent act (the target of the age of 13 or more), the basic area (the age of 6 or 2) of the defendant's age, character, conduct, environment, etc., shall be comprehensively determined as the order.

Where a conviction becomes final and conclusive on the criminal facts of a sexual crime committed by a defendant who is the duty to submit personal information, the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of the competent police

However, the disclosure order and notification order of registered information may seriously obstruct the rehabilitation of the defendant, so it is necessary to pay careful attention to the rehabilitation of the defendant, and in this case, only the registration of personal information is required.