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(영문) 대구지방법원 2016.03.08 2015고단3932
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 13:25 on May 6, 2015, was under the weak influence to decide the intention or intention to change things due to Altsn’s sexual dementia, etc., and committed an indecent act by force on the part of the victim F (M, 35 years old) of the victim F (M, E, 35 years old) on his own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes on medical treatment;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Reasons for sentencing

1. Scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for general compulsory indecent acts: The area of mitigation (one month to one year) [the person who has been specially mitigated] mental and physical weakness (the person who has no responsibility in person);

2. Consideration - Consideration - The commission of the instant crime under mental and physical weakness.

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