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(영문) 대구지방법원 2015.04.07 2014고단4332
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. The case where it is necessary for the accused to prevent recidivism of sexual assault for 40 hours.

Reasons

Punishment of the crime

On June 17, 2014, around 02:08, the Defendant: (a) reported the victim D (n, 26 years of age) who is under the influence of alcohol in front of the Daegu Suwon-gu C neighboring room room; and (b) told the victim to be prevented from opening a studio entrance and to enter the room room for the victim as a measure; and (c) putting the grandchildren into the victim’s clothes, and forced the female to commit an indecent act.

Summary of Evidence

1. Legal statement of witness E;

1. Statements made by witnesses D and F in the third protocol of trial;

1. Responses to on-site identification reports and fingerprint assessment results at crime scene;

1. Application of the Acts and subordinate statutes to each investigation report (fix photographs with a dynamic image and stophograph photographs used by the suspect at the time of committing the crime);

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence], the crime of indecent act by compulsion (the target persons aged 13 or older) and the basic area (six months or more to two years) (the special person) of the first category;

2. Considering circumstances - The circumstances that take into account: (a) the defendant’s age, character and conduct, health conditions, home environment, motive, means, means, consequence, and circumstances after the crime are considered; (b) the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (c) the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, if the judgment becomes final and conclusive, taking into account all the various sentencing conditions recorded in the records of this case, such as the defendant’s age, character and conduct, health conditions, home environment, motive, means, consequence, and circumstances after the crime.

An order to disclose or notify the accused's age, occupation, risk of recidivism, type, motive, process, results, and seriousness of the crime in this case, or an order to disclose.

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