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(영문) 대구지방법원 김천지원 2018.09.04 2018고합45
강제추행치상
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On March 14, 2018, at around 19:30 on March 14, 2018, the Defendant discovered that both arms are being raised by the victim in order to get out of the cafeteria in the operation of the Victim D (Woo, 75 years of age, Ga) operated by Kimcheon-si, Kimcheon-si, and found that the victim was being raised in order to get out of the gate, let the victim strong up with both arms, and knife the chest by hand.

As a result, the defendant forced the victim to commit an indecent act, and in the process, the victim suffered injuries such as cage cages and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigation reports (verification of details of victim treatment) and the application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, family relations, criminal records (no sex crime record) and the outlines indicated in the record; (c) the risk of recidivism; (d) relationship between the Defendant and the victim; and (e) the benefits and effects expected by an order to disclose or notify the information of this case; and (e) disadvantages and side effects of the disclosure or notification order; and (e) the disclosure or notification of the

It is reasonable to see as follows.

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15352, Jan. 16, 2018); Article 56(1) main text and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defense counsel).

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