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(영문) 대구지방법원 2016.06.17 2016고합82

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On January 30, 2016, the Defendant: (a) 16:09 around 16:09, the Defendant: (b) moved in the seat next to the seat of the victim D and the victim D (the age of 18) and forced the victim to commit an indecent act by force, on his hand, by holding that the victim’s bucks are covered by the examination on the bucks; and (c) making it possible for the victim to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A search report;

1. Application of Acts and subordinate statutes to investigative reports (verification of images inside and outside a bus that the person under consideration boards and attaching copies of CDs);

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

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

1. Where a conviction against the Defendant who has registered personal information is finalized pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to 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 Article 43 of the same Act.

Reasons for sentencing

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Class 1 (Special Sentencing Persons): Where the exercise of tangible force is considerably weak, and the degree of conduct is weak [the scope of the recommended territory and the scope of the recommended punishment] in the area of special mitigation [the scope of the recommended punishment] of the recommended punishment according to the sentencing guidelines: One month to one year.

3. On the day of the instant case, the Defendant: (a) intentionally discovered the victim, who was on board the bus in the same manner on the day of the instant case, and subsequently forced the victim to sit on the side of the victim, thereby committing an indecent act.

As above, the motive and background of the crime of this case are as follows.