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(영문) 대전지방법원 2015.06.05 2015고단979
강제추행
Text

A defendant shall be punished by imprisonment for six 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 00:10 on March 17, 2015, the Defendant, at around 00:10, placed the victim E (n, 37 years of age) and drinking together, who had worked together in the Dong-gu, Daejeon at the same time, placed the left hand back to the victim’s will and panty, and placed the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her, and continued

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

3. Where a judgment to submit personal information under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 the head of the competent police office

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and 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 such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for the sentencing [the range of recommendations] general standards for the crime of indecent act by compulsion (subject to the age of 13) and the scope of mitigation (one month to one year) (special mitigation) (special mitigation) in the area of mitigation (special mitigation) is obvious to the victim.

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