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(영문) 대구지방법원 상주지원 2015.08.25 2015고단310
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 13:50 on April 6, 2015, the Defendant visited “C” in North Korea to purchase agricultural equipment, and discovered the victim D (20 years of age), who is an employee of the place, to force the indecent act by compulsion of the victim. In order to find out sold goods, the Defendant entered the victim into a material warehouse located adjacent to a toilet, and entered the storage, depending on the victim. The Defendant called “her own victim,” and called “the victim,” “the victim,” and the victim’s hacks the victim’s humf by force, and knife two times the victim’s humf by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to 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;

1. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration and registering 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 the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

The reason for sentencing [the range of recommendations] the general standard of indecent act by compulsion (the target of 13 years of age or over).

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