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(영문) 대전지방법원 서산지원 2015.09.25 2015고단470
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 5, 2015, around 19:45, the Defendant committed an indecent act by force against the victim, on the part of the victim, by failing to resist the victim by advertising the victim E (n, 35 years of age) at the Dnoman's toilet located in Seocho-si, Seosan-si, and by inducing the victim to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 his/her personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., it is determined that there are special circumstances where the disclosure or notification of personal information should not be disclosed or notified pursuant to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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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