logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.17 2018고단1493
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 is a disabled person of Grade III intellectual disability, and the victim C(the age of 31) is a disabled person of Grade II intellectual disability, and the victim is a disabled person of Grade II of the intellectual disability.

On January 1, 2018, the Defendant, around 18:00, committed an indecent act by force against the victim’s chests by dumping waste into kneeee and knee, and by his own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime;

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

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, in light of the following circumstances, for the protection and observation, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes:

The circumstances that are disadvantageous: 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 the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act, on the ground that the judgment of conviction on the facts of a sex crime subject to registration becomes final and conclusive, which is a person subject to registration and submission of personal information, because the victim is of a physical disability 2 and the victim's severe punishment is a person with a intellectual disability 3rd disability; that the defendant is a person with a disability; that there is no criminal record other than a fine due to

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime of this case, motive, process, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration and the effect of protecting the victims, etc.

arrow