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(영문) 대구지방법원 2018.07.12 2018고단2123
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

On February 28, 2018, the Defendant found the victim E (n, 18 years of age) who had her expected alcoholic beverage in front of BAR in Daegu-gu, Daegu-gu around 05:00, and found the victim E (n, her 18 years of age) with his/her hand, her right macks off from the victim's right hum to the right hum, and her right macks off and the right macks off, and her indecent act by forcing the victim to use his/her left mack.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Social service businesses under Article 62-2 of the Criminal Act;

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 disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason for sentencing [the scope of recommended punishment] There is no basic area (6 months to 2 years) (the person subject to special sentencing) (the person subject to sentencing) of the first type of indecent act (the person subject to 13 years or more) (the person subject to special indecent act) in accordance with the general standards for sex offenses (the decision of sentencing) [the decision of sentencing] - The method of committing the crime and the attitude after committing the crime, such as denying the victim intentionally by the police while committing an indecent act in the club, are weak.

- The victims of the instant crime and the Defendant’s speech and behavior are reasonable.

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