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(영문) 대구지방법원 안동지원 2019.09.18 2019고단180

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who lives in a village, such as the victim B (n, 71).

On November 28, 2018, around 19:00, the Defendant committed an indecent act against the victim on the right chest of the victim during the victim’s residence in Ansan-si C, where the victim had drinking his/her own alcohol according to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Taking full account of the following factors: (a) an order to disclose information to the public, an order to notify, and an order to restrict employment; (b) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from such order; (c) the proviso to Article 49(1); Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the proviso to Article 56(1); (e) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (e) Article 59-3(1) proviso to the Welfare of Persons with Disabilities (applicable to a criminal defendant’s sexual crime; (e) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from such disclosure order; and (e) any other benefit expected by disclosure order, disadvantage, side effect, etc.

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion (the subject of 13 years of age or older) is [the first type].