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(영문) 대전지방법원 천안지원 2014.11.26 2014고합204

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

On July 9, 2014, around 20:20, the Defendant discovered at the bus stops in front of the Asan City, that the victim D (one, two-three years old, and two-three years old) was seated, and the victim was her am her am after being her seated next, and the victim was her am her am, and her son was her k's am, and her son was forced to commit an indecent act by forcing the victim to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to photograph and report (on-site CCTV confirmation, etc.);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime on which the personal information is registered as stated in Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), 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 thus, is obligated to submit personal information to the competent agency pursuant to

Considering the fact that the Defendant, upon having committed the instant crime and drinking alcohol, was hospitalized in a hospital and treated alcohol addiction, and that he/she is required to undergo navigation cancer treatment, etc., the Defendant is deemed to have special circumstances where it is impossible to impose an order to attend a lecture on the Defendant. Thus, an order to attend a lecture is not imposed on the Defendant.

In full view of the circumstances and details leading to the instant crime, which led to the exemption from disclosure and notification orders, and the fact that the Defendant is hospitalized to treat alcohol addiction, etc., it is difficult to deem that the Defendant is likely to repeat a crime, or that it is effective to prevent sexual crimes that may be achieved by disclosure or notification orders, and that there are special circumstances that may not disclose the Defendant’s personal information, and thus, the Defendant is not subject to disclosure and notification orders.

Reasons for sentencing

1. Legal provisions;