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(영문) 대전지방법원 2017.08.18 2017고단2379
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On May 24, 2017, around 23:30, the Defendant discovered the victim E (the son, 23 years of age, 23 years of age) who was walking on the road along the Defendant’s sexual organ in front of the D cafeteria located in Seo-gu Daejeon, Seo-gu, Daejeon, by hand, and was committing an indecent act by force against the said victim by using the victim’s right chest part on the lower hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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 by an Order to Attend shall be taken into account, such as the reflection of the reason for sentencing, the degree of the exercise of tangible power, the defendant’s attitude immediately after the commission of the crime, the defendant’s age, and one time the criminal records of punishment due to obscene performance crimes. Where the registration of personal information and the conviction of the defendant to be submitted is finalized, the defendant 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 thus the defendant is obligated to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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