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(영문) 대전지방법원 공주지원 2016.02.16 2015고단467
강제추행
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2015, around 17:00, the Defendant committed an indecent act by force on the part of the victim, following the victim’s body alone, with a view to committing an indecent act against the victim D (the age of 37) who was seated in a park, at C Park, which is located in B, around 17:00, in an official city, and with the victim’s body attached to the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. An expert opinion on sexual assault against children with disabilities;

1. Report on internal accidents (packer E phone statement);

1. A copy of the victim's welfare card, a certificate of persons with disabilities, and a certificate of disability;

1. Application of Acts and subordinate statutes to report on investigation (report on whether persons with disabilities can be confirmed at face of a victim);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where the conviction of the accused against the criminal facts in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 16(2) 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 the accused is obligated to submit personal information to a related agency pursuant to

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Thus, the defendant is judged.

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