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(영문) 대구지방법원 김천지원 2018.07.25 2018고단345
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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 August 26, 2017, the Defendant: (a) around 08:00, the Defendant, who was under influence of alcohol, was able to report the victim D (here, 22 years of age) to commit an indecent act; (b) taken the victim’s paths into custody; (c) taken the part of the victim’s paths into custody; and (d) taken the part of the victim’s paths into his hand.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

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 (Attachment of a record submitted by the victim), investigation report (a conversation content divided by the victim and the victim);

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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

1. The reason for sentencing [type determination] the type 1 (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from an disclosure notification order; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the defendant's attitude, age, occupation, etc. are considerably disadvantageous to the defendant due to the disclosure and notification of personal information; and the registration of personal information and taking lectures in treatment of sexual assault are deemed to have an effect of preventing re-offending; and the same can be seen to have an effect of preventing re-offending even through taking into account the registration of personal information and taking lectures in treatment of sexual assault] of the type 1 (a) (a) (a) of the crime of indecent act committed by a person subject to special punishment: Determination in the area of recommendation] Where the exercise of force is remarkably weak [the scope of recommendation]

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