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(영문) 대구지방법원 2018.04.27 2018고단444
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

The defendant and the victim C (ma, 58 years old) are members of the same mountain society.

On August 6, 2017, the Defendant: (a) completed around 18:00 and subsequently committed an indecent act by force on the part of the victim, with his/her her maret and maret in a pre-tax bus back, and on the same day, around 18:30 on the same day, the Defendant committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The first type of crime [the scope of recommendations] under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentence [the scope of punishment] Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of compulsory indecent acts (the offenses committed on the basis of 13 or more years of age) [the persons subject to special mitigation] Article 1 of the Act on the Punishment, etc. of Specific Crimes and Article 16(1) [the scope of punishment] Article 2 of the Act on the Punishment, etc. of Specific Crimes (the scope of punishment for indecent acts committed on the basis of 1 or more years of age]; Article 4 of the Act on Special Cases concerning the Registration of Personal Information and the Obligation to submit new information on the sex crimes to an institution subject to the registration under Article 4(1) of the Act on the Punishment, etc. of Sexual Crimes.

No order for disclosure or notification shall be issued to the accused pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification, and 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's age, occupation, risk of recidivism, type, motive, process, and result of the crime of this case.

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