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(영문) 대구지방법원 상주지원 2015.11.17 2015고단493
강제추행
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 October 9, 2015, the Defendant, at around 11:30 on October 11, 2015, committed an indecent act on the part of the victim C (n, 25 years of age) who had been promoting the delivery of oil to the victim at the main room of the ward located in Ycheon-gun B (S).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (the photographing of photographs, such as the gathering of victims);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration and registering personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

The reason for sentencing [Scope of Recommendation] The basic area (6 to 2 years) of the first type of indecent act by compulsion (13 years of age or older) (6 to 2 years) (the decision of the sentence] of the crime of this case is not easy, but the nature of the crime of this case is minor, but there is no record of criminal punishment against the defendant, and other age, character, character and environment of the defendant.

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