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(영문) 대구지방법원 2016.04.19 2015고단5657
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, from around 11:00 to around 12:00, the Defendant committed an indecent act by force against the victim, on the trucking vehicle of the Defendant, who was harvested from the dry field of the victim D (n, 68 years of age) at the request of the victim requesting the transfer of bean harvested from the dry field of the victim D (n, f8 years of age), to the house of the victim, and on the other hand, the Defendant committed an indecent act by force against the victim, such as burning the victim into the house of the victim by burning the victim on his hand.

Summary of Evidence

1. Statement by the defendant in court;

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

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 suspended execution;

1. Where a judgment on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Reasons for sentencing

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the basic area (six months to two years) of the indecent act committed by general compulsory persons (the person who is subject to special sentencing];

2. The circumstances in consideration - The circumstances shall be reflective, and shall not be subject to a fine twice, and shall be disadvantageous.

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