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(영문) 대구지방법원 2017.09.12 2017고단2863

강제추행

Text

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

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

Reasons

Punishment of the crime

The Defendant is the secretary of the board of directors of the school juristic person D in Daegu Dong-gu, and the victim E (the age of 28) was the fixed-term teacher of the F High School, a school juristic person affiliated with the above school juristic person, and the Defendant was the victim and the victim of H in the H restaurant located in G in the Gyeongbuk-gu, G around the middle and middle day of August 2015, and the Defendant committed an indecent act by compulsion against the victim by forcing the victim to have his own hand, while he was seated in the driver’s seat of the Defendant’s vehicle parked in front of that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. Application of Acts and subordinate statutes on filing a complaint of E;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

I think)

Reasons for sentencing

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines and the general standards for sex crimes (subject to persons aged 13 or older) and the mitigated area (one month to one year) of the mitigated area (the grounds for special mitigation] is not subject to the punishment;

2. The criminal defendant who committed the instant case in which a sentence of sentence was rendered.