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(영문) 대구지방법원 포항지원 2017.11.23 2017고단1226
준강제추행
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 August 10, 2017, the Defendant introduced a son at the “C” singing practice place located in North Korea-gu B at the port of port around 00:50 on August 10, 2017, and her singing the victim D (n, 27 years of age) first and first her singing together, and the victim her fingerd into his her clothes under the influence of alcohol, and her chestd and her chestd with the victim’s sing.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning 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:

As such, the reason for sentencing [the scope of recommended punishment] (the scope of recommending punishment shall not be ordered to disclose or notify the accused) is that there is no person [the person who is subject to special sentencing] in the basic area (6 months to 2 years] (the person who is subject to special sentencing] of the crime of indecent conduct (the person who is subject to 13 years or more) under the general standard (the person who is subject to 13 years or more) [the decision of sentencing] when the accused surrenderss the facts charged in this case

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