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(영문) 대구지방법원 2014.10.16 2014고단3722

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on February 11, 2014, the Defendant: (a) committed indecent act by force against the victim E (the 28 years old) who reads the victim with a view to indecent act by force on the part of “D” within the “D” operated by the Defendant of the Daegu Dong-gu C; (b) “The part of the chest may be divided into the bottom of the chest and the part may not be left well; and (c) the Defendant collected the finger into the part of the victim; and (d) attempted to place the finger in front of the lower part.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction of the instant criminal facts of the instant case involving the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant is 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 the Defendant is obligated to submit the personal information of the Defendant

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] the general standard is the crime of indecent act by compulsion (the target of 13 years of age or older).