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(영문) 대구지방법원 2016.12.02 2016고합382
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 01:00 on June 1, 2016, the Defendant had a view to reporting the Victim F (the age 21) (the age 21), which was flicked from the front line of the “E”-gu Suwondong-gu D, Daegu, and was flick and flicked.

The Defendant, with the victim’s own loss, committed an indecent act on the part of the victim by forcing the victim to talk with his her brym, tran, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the Act and subordinate statutes to the investigation report (the security of CCTV suspects in the G club);

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, proviso to Article 49(1), and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [it is difficult to readily conclude that a defendant has a habition or a risk of recidivism of a sexual crime in light of the background leading up to the crime indicated in the records of this case, the relationship with a victim, criminal record relationship, and the circumstances after the crime. Considering the degree of the exercise of the tangible force of this case, the defendant’s age, character and conduct, family environment, social relationship, etc., the order to register personal information and attend sexual assault treatment alone appears to have the effect of protecting the child or juvenile from the recidivism of the defendant and sexual assault treatment, it is deemed that there are special circumstances that may not disclose or notify the defendant’s personal information.] Where a conviction of the registered defendant becomes final, the defendant shall be subject to registration of personal information pursuant to Article 42(1) of the Act

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