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(영문) 대구지방법원 2017.08.29 2017고단3248

강제추행

Text

A defendant shall be punished by imprisonment for six 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

On May 3, 2017, the Defendant discovered the victim C (V, 22 years old) in the vicinity of the bus stops in the 245 Ayang-gu, Daegu-gu, Daegu-gu, about 18:55, in the middle of the bus stops, and committed an indecent act against the victim by coercion, by making the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her own her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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, profits and preventive effects expected by the disclosure or notification order of this case, and disadvantages and side effects of the defendant's personal information, there are special circumstances in which the disclosure or notification of the defendant's personal information may not be made.

I think)

The reason for sentencing [Scope of Recommendation] The general criteria for sex offense is that there is no basic area (6 months to 2 years) (the person subject to special sentencing) (the person subject to special sentencing) of the first type of indecent act (the 13 years or more) (the 13 years or more), and the basic area (the 2 years or more) (the person subject to special sentencing) (the decision of sentencing) of the victim of the biological site should be criticized as committing indecent act, and the victim did not receive any compensation from the injured party.

However, there is no record that the defendant was punished for the same type of crime or punished in excess of the fine.