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(영문) 대전지방법원 2014.09.03 2014고단2008
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 7, 2014, at around 15:22, the Defendant: (a) on the first floor of a Dental Hospital located in Seo-gu Daejeon Metropolitan City, Daejeon, the victim E (the age of 29) boarded the elevator; and (b) on the elevator, the Defendant boarded the elevator together with the elevator; and (c) on the part of the victim, the Defendant forced the victim to commit an indecent act by inserting her chest by inserting her hand on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A photograph of a CCTV recording system to capture the suspect;

1. Application of medical certificates, certificates of release from a suspect, and medical certificates (related to the mental health and medical treatment of a suspect);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Mitigation of mental disorders under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

1. Where this judgment becomes final and conclusive that 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 is against the grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and that an indecent act, etc., the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the aforesaid Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.

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