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(영문) 대구지방법원 김천지원 2019.08.21 2019고단504
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 17, 2019, around 15:04, the Defendant committed an indecent act by force against the victim E (V), who was in front of the calculation unit, in the “D store” located in the Southern-gu B, Nam-gu, Nam-gu, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to investigation reports (Dmat business statement);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Reasons for sentencing in light of comprehensive consideration of an order to disclose or notify information, the order to disclose or notify employment, the degree of disadvantage and expected side effects of the defendant's entry by the order to restrict employment, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1) of the Addenda to the Act on Welfare of Persons with Disabilities (Article 2 of the Act on Welfare of Persons with Disabilities (Article 11 of December 11, 2018), the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (Article 47 (

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

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by force (the 13 years of age or older) [the first type] general indecent act by force (the person in special form): where the exercise of tangible force is considerably weak, where the degree of indecent act is weak [the recommended field and the scope of recommended punishment] special mitigation field, one month to one year [the general person in general] is suspended.

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