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(영문) 대구지방법원 포항지원 2017.10.12 2017고단792
강제추행
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, around 22:37, the Defendant: (a) was trying to force the victim D (M, 22 years of age, name) who was mixed on the north-gu C road in the north-gu, Mapo-si; (b) was driving away from the victim’s behind the victim; (c) the Defendant left the left hand over the victim’s left shoulder; and (d) the Defendant was her chest to the right chest of the victim’s right by the lush hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of each statute on photographs;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is judged that the reason for sentencing [the scope of recommended punishment] is [the defendant does not issue an order to disclose or notify the defendant] The reason for sentencing [the scope of recommended punishment] is that there is no person [the person who is subject to special sentencing] [the decision of sentencing] in the basic area (six months to two years] (the person who is subject to special punishment] [the decision of sentencing] in the confession of the facts charged in this case, the defendant is divided into the facts charged in this case, and there is no criminal conviction against the defendant, the degree of prosecution and other reasons.

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