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(영문) 대구지방법원 2017.05.30 2017고단1592
강제추행
Text

A defendant shall be punished by imprisonment for four 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 November 3, 2016, 01:29, at C convenience stores located in Daegu Northern-gu B, Daegu-gu, the Defendant discovered the victim D (the age of 32) who was a guest of the said store, and subsequently downloaded the victim following the victim, included the victim's hand in the victim's bridge between the victim and the victim's bridge, and committed an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (for on-site witnesses);

1. Application of Acts and subordinate statutes on closure photographs;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reason for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria set forth in the general standards for sex crimes (subject to persons aged 13 or older) and the mitigated area (one month or one year from January to one year) of the mitigated area (the person subject to special sentencing).

3. As to the crime of this case where the defendant committed the crime of this case on the birth site of this case, it appears that the mental shock of the victim would have occurred because the defendant committed the crime of this case on the birth site of this case. However, the defendant is the case in this case.

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