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(영문) 대구지방법원 안동지원 2014.10.24 2014고단576

준강제추행

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 13:00 on June 15, 2014, the Defendant: (a) was a victim D (I, 59 years old) who was seated on the left side of the Defendant’s left side while he was on the front side of the Cmea car driven by B in front of the “Korea Tata” on the road located in the north dong-dong, Ansan-dong, Sindong-dong, and was seated on the front side of the Defendant’s motor vehicle.

Accordingly, the defendant committed an indecent act by force by taking advantage of the victim's mental condition.

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 Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Where the conviction of the accused is finalized on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the accused is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, 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 that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to 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. Thus, the Defendant shall not be ordered to disclose or notify the information.

The reason for sentencing [the range of recommendations] the general standard is 13 years of age or over.