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(영문) 대전지방법원 2018.08.31 2018고단1287

준강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 February 18, 2018, the Defendant forced to commit an indecent act by taking advantage of the victim’s non-fluent condition of resistance, she was able to write and rhump 6th 2nd 1st 6th 6th 6th 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 6st 2018.

Summary of Evidence

1. Each legal statement of witness D and E;

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

1. Relevant Articles 299, 298, and 298 of the Criminal Act concerning criminal facts and the choice of imprisonment;

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

1. Where the exercise of tangible force (one month to one year) in the mitigation area (one year or one year) (special mitigation person) is considerably weak in the mitigated area (one month or one year), the defendant's age, sex behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered in the following circumstances, and the punishment is determined as ordered in consideration of the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and all other circumstances.

When a judgment of conviction on a crime that is a sex offense subject to registration and submission of personal information becomes final and conclusive in respect of the fact that the defendant denies a crime and commits an indecent act against passengers on the site of life: The defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim.