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(영문) 대구지방법원 안동지원 2016.02.12 2015고단834
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 is a person working as the head of a "C cafeteria" branch in the case of permanent residence B, and the victim D (22) is a person who operates a part-time restaurant in the above restaurant.

Around 01:40 on October 3, 2015, when the Defendant was living together with the victim’s dwelling, the Defendant forced the victim to commit an indecent act by putting the victim’s two arms and legs on the floor by putting them off on the floor, cutting off the victim’s spanty and panty, cutting off the victim’s spanty, cutting off the victim’s spanty and body by hand, speeding the victim’s sex and body, and dancing the sexual organ as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. [Scope of Recommendation] General Criteria for the crime of indecent acts by force (subject to at least 13 years of age) and the mitigation area (one month-one year-one year-one year-one year-one year-one person] and no punishment is imposed;

2. [Determination of Sentence] The Defendant committed the instant crime even though he had the record of the same crime, and the Defendant committed the instant crime, taking into account all the circumstances, such as the unfavorable circumstances such as the Defendant’s occurrence of a serious sense of sexual shame, and the Defendant’s commission of the instant crime, and the favorable circumstances, such as the Defendant’s age, sexual behavior and environment, and the circumstances after the commission of the crime, and the conditions for sentencing as shown in the records and arguments, the sentence shall be determined as ordered.

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is the competent agency pursuant to Article 43

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