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(영문) 대구지방법원 김천지원 2015.12.09 2015고단1181
강제추행
Text

A defendant shall be punished by imprisonment for four 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 September 24, 2015, at around 23:32, the Defendant, while drinking alcohol in the “C cafeteria” located in the Gumi-si B, was under the influence of alcohol, and was able to enjoy the Defendant’s hand back on the side of the victim D (In this case, 57 years of age) who was trying to sleep in the said cafeteria, and was able to collect the Defendant’s hand inside the victim’s inner part, and was able to take charge of the victim’s chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing in full view of all the circumstances, including the fact that there is no record of punishment for sexual crimes before the crime of this case, the defendant's personal information registration and attending the sexual assault treatment lecture alone, and the benefits and the effect expected by the disclosure order or notification order and the prevention thereof, and the disadvantages and side effects therefrom, it is deemed that there is a special circumstance that the disclosure or notification of the defendant's personal information should not be made, in full view of all the circumstances such as the interest expected by the disclosure order or notification order and the effect expected by the disclosure order and the adverse effects therefrom, etc.

1. In cases where the exercise of tangible power (special mitigation) in the area of special mitigation (one month to one year) is considerably weak, no penalty is imposed in the event that the application of the sentencing guidelines [the range of recommending punishment] general standards and the crime of indecent act by compulsion (subject to the age of 13 or more) is remarkably weak;

2. The fact that the defendant who was sentenced to punishment recognized the crime of this case and repents his mistake; and

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