logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.05.31 2017고단2392
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

On June 29, 2017, from around 22:38 to 23:38, the Defendant: (a) committed an indecent act by force against the victim, who was frightened with her children at the house of the victim D (n, 20 years of age) who was in the Seo-gu City, Daegu-si, on the facts he she ended with her children, with a view to forcing the victim to commit an indecent act by force; (b) her breacing the victim’s her clock and alcohol; and (c) her clock with the victim’s left hand; and (d) committed an indecent act by force against the victim by forcing the victim to her right block with his her own hand

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive for a sex crime subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to readily conclude that the registration of personal information and participation in lectures for sexual assault treatment can result in the prevention of recidivism to a certain extent). In light of the following: (a) the type, motive, process, process, disclosure order or notification order of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry; (b) the prevention of the sex offense subject to registration that may be achieved; and (c) the effect of protecting the victims, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

arrow