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(영문) 대구지방법원 포항지원 2017.04.27 2017고단173
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2016, the Defendant was known to the nearest 03:20 on December 17, 2016.

B Having been called from B and found to be “D” located in Northern-gu C at the port of call, and drinking alcoholic beverages together with B to B, and opened to the right side of B while outside the area.

B의 일행인 피해자 E( 가명, 여, 31세 )에게 다가가 옆자리에 앉은 후 피해자에게 귓속말을 하는 척하며 갑자기 피해자의 왼쪽 가슴을 1회 움켜쥐어 피해자를 강제 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E (tentative name) and F;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

As such, the reason for sentencing [the scope of recommended punishment] (the scope of recommending punishment shall not be ordered to disclose or notify the accused) is that there is no person [the person who is subject to special sentencing] in the basic area (6 months to 2 years] (the person who is subject to special sentencing] of the crime of indecent conduct (the person who is subject to 13 years or more) under the general standard (the person who is subject to 13 years or more) [the decision of sentencing] confessions the accused of the crime of this case, and

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