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(영문) 대구지방법원 김천지원 2019.11.27 2019고단1133
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 00:20 on August 23, 2019, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental condition, such as putting the victim’s sexual organ into the clothes of the victim C, which he was divingd by the Defendant at Kimcheon-si, Kimcheon-si, Kimcheon-si, and knife the victim’s sexual organ due to his fingers, and knife the victim’s sexual organ by hand, and knife it by taking advantage of the victim’s mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F;

1. Application of Acts and subordinate statutes to inquiries about history of confinement rooms;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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 compulsion (the 13 years of age or older) [the 1] general indecent act by compulsion [the scope of recommendations and recommendations] basic area, 6 months to 2 years of imprisonment [the general person] is nonexistent (the grounds for suspension of execution of sentence]

3. Determination of sentence: A person who has been sentenced to six years of imprisonment for rape, injury or injury by a person with intellectual disability for a period of four months shall be sentenced to imprisonment with prison labor and is temporarily held in a prison during the execution of the sentence, and shall be held responsible for committing an indecent act against the person

However, the defendant's mistake is recognized and reflected, and the victim has expressed his/her intention to challenge the defendant, and the defendant is sentenced to a lower sentence than the lower court of the above recommended sentence by taking into account the favorable sentencing factors.

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