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(영문) 대구지방법원 2019.05.10 2018고합542
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On July 23, 2018, at around 00:05, the Defendant reported the victim D (name, fluor, 18 years of age) who was fluoring the head of the road in the south-gu Daegu-gu B, Daegu-gu, and followed the victim D (name, fluor, 18 years of age). As the victim was aware of the victim, the Defendant fluor was fluoring the victim's breast part in the future, and fluored the victim's parts with his hand.

As a result, the defendant forced the victim to commit an indecent act, and the victim suffered injury such as the right-hand salt, which requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecutor of the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (including the sequence 3, 5, and each accompanying material), investigation report (including the table of evidence Nos. 6, 9, 17, and each accompanying material);

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; 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 proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); and it is difficult to readily conclude that the Defendant has no record of having been punished for sexual assault crimes prior to the instant crime, and thus, there is a risk of

In addition, the disclosure order, notification order, and employment restriction order are disadvantageous and anticipated side effects that the defendant will suffer, and the age, occupation, home environment, social relationship, and the crime of this case.

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