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(영문) 대구지방법원 2018.01.23 2017고단6410
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 3, 2017, around 00:10 on June 3, 2017, the Defendant: (a) committed an indecent act against the victim by forcing him/her to commit an indecent act by inserting his/her hand by inserting his/her hand his/her kn's kn's kn's kn's kn's kn's kn't.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Each written statement under D (alias) and E;

1. Investigation report (on-site CCTV investigation) - course photographs and application of CD-related Acts and subordinate statutes;

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

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

1. Where a conviction on the instant criminal facts is finalized against the Defendant who has registered personal information under Articles 47(1) and 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 50(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant constitutes 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The basic area (six months to two years) of the punishment (any person who is subject to special sentencing) on the basis of the first type of the punishment (any person who commits an indecent act by general force) under the general standards for sex offenses (subject to at least 13 years of age).

3. Although there are circumstances in which the Defendant was committed the instant crime, the instant crime was committed by the Defendant at the time of and against the instant crime. However, the instant crime was committed by committing an indecent act by inserting his hand under the part of the body of the victimized female by using a large number of people, which is bad in light of the background of the indecent act, the level and degree of conduct, and the Defendant was committed by the vice branch of the Daegu District Court on June 26, 2014.

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