beta
(영문) 대구지방법원 2017.12.19 2017고단5966

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 27, 2017, around 22:57, the Defendant, in the one-story toilet of building B in the Daegu Metropolitan City, North-gu, Daegu Metropolitan City, on August 27, 2017, the victim C (the name, amb, 37 years old) who reported the urine, was exposed to the left side of the victim by going outside his hand due to the gap below the gap.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 attend a lecture;

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason for the sentencing [Scope of Recommendation] The crime of indecent act by force under the general criteria for the crime of sexual crime (subject to more than 13 years) is mitigated (1 month to 1 year) [Special Sentencing Decision] The crime of this case is an indecent act committed by the victim in a way that the defendant puts the following hand in the toilet partitions and embarks of the victim who sees the embark, and the crime of this case is not committed.

The defendant has a record of being sentenced to suspension of indictment for a crime committed in a toilet.

However, it is against the defendant when committing the crime of this case.