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(영문) 대구지방법원 포항지원 2016.01.14 2015고단1092
강제추행
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2015, around 12:45, the Defendant: (a) reported the victim C (V, 18 years of age) who was working as a parking management personnel by suffering fright from the first floor parking lot of the building underground in the Nam-gu Gyeongdo-dong, Chungcheongnam-gu, Seoul Metropolitan City, as of July 25, 2015, and forced the victim to commit an indecent act by inserting the victim’s bridge by placing it on the left side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement protocol to C (victim);

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

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

1. Where the exercise of tangible force is considerably weak in the area of special mitigation (one month or one year or more of imprisonment with prison labor) (one year or more of imprisonment with prison labor) (in the case of a person subject to special mitigation) under Article 62-2 of the Criminal Act, Article 62-2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 16 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the scope of recommended punishment)

It is not visible that the defendant committed the crime of this case in the state of mental unsatisfy in the second degree of intellectual disability, and that the victim actively does not want the punishment of the defendant, that there is no criminal conviction against the defendant, and that there is no other criminal conviction against the defendant, and that there are various sentencing factors and the scope of recommendations and recommendations that are shown in the records, such as the age, sex, environment, and conditions before and after the crime.

Where a conviction becomes final and conclusive on a criminal fact stated in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 the competent agency pursuant to Article 43

Personal information disclosure order or notification order is the defendant's age, occupation, risk of recidivism, details, motive, and method of crime.

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