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(영문) 대전지방법원 2017.02.10 2016고단4107
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 June 2, 2016, the Defendant: (a) driven the D Company’s front road in Sejong City around 23:37, while driving the E B-L car; (b) discovered the victim F (name, 20 years of age) who booms and booms, took the mind that the Defendant forced the victim to commit an indecent act; (c) prevented the victim from resisting the victim’s face in his/her hand by going off from the vehicle; and (d) committed an indecent act by force by deceiving the victim’s chest and sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police concerning F are entered;

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. Taking into account the following circumstances: (a) the reason reflects the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend; (b) the degree of the victim’s agreement, tangible force, and the conduct of prosecution; and (c) the record of the same kind of crime. In cases where the registration of personal information and the conviction of a 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 (b)

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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