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(영문) 대전지방법원 2016.07.22 2016고단1186

준강제추행

Text

A defendant shall be punished by imprisonment for six 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 March 19, 2016, at around 03:24, the Defendant reported the victim F (20 years of age) who was divingd from the Defendant’s side to the third floor of the Daejeon Dong-gu, Daejeon, on March 19, 2016, followed the Defendant’s indecent act by taking advantage of the victim’s locked to the negative part of the victim, attached the victim’s bridge to the knive part of the victim, attached the victim’s bridge to the knive part of the knive part of the knive part of the knive part of the knive part of the knive part of the knive part of the knive part of the knive part.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of image Acts and subordinate statutes to a photograph (CCTV image faculing);

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

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 Order to Attend shall be taken into account, such as a previous conviction and fine for the same type of punishment, reflectivity, method and degree of prosecution, etc. In cases where the registration of personal information and the conviction of the accused against whom the obligation to submit the personal information is finalized, the accused 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 thus, is obliged to submit personal information to the head

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.