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(영문) 대구지방법원 포항지원 2018.02.01 2017고단1411
강제추행
Text

A defendant shall be punished by imprisonment with prison labor 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 October 17, 2017, the Defendant: (a) 15:15 on October 17, 2017, posted earphones in front of the D cafeteria located in Nam-gu, Nam-gu; (b) eared the victim E (the age of 26) who walked to commit an indecent act by reporting on the victim E (the age of 26). The Defendant used the victim’s hysian hys in selling his hand between the victim’s hys, stored his hand in the victim’s sexual organ with his hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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:

Therefore, it is judged that the reason for sentencing [the scope of recommended punishment shall not be ordered to disclose or notify the defendant] The reason for sentencing [the scope of recommended punishment] is that the defendant is not subject to punishment [the person who is subject to special mitigation] [the decision of sentence] that the defendant is divided into his/her mistake and that the victim does not want the defendant's punishment, and that the defendant is subject to registration and submission of personal information.

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