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(영문) 대구지방법원 상주지원 2014.11.11 2014고단451

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

1. On June 25, 2014, the Defendant, at around 13:30 on June 25, 2014, committed an indecent act on the victim’s chests and buckbucks by forcing the victim to use the victim’s D (at least 42 years of age), who is an employee, by drinking the victim’s home and bucks.

2. On June 25, 2014, the Defendant committed an indecent act on the victim’s chest at the same place on his/her hand and forced him/her to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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, the accused is obligated to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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, and thus, the Defendant shall not be ordered to issue an order to disclose or notify personal information.

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).