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(영문) 대구지방법원 2018.10.18 2018고단2173
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2018, the Defendant: (a) around 02:40 on February 13, 2018, at “D” located in Daegu-gu, Daegu-gu, Seoul-gu; (b) the victim E (V) was able to talk with the victim’s face by hand; and (c) had the victim’s dancing with the victim’s face.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a CCTV closure photograph and internal investigation report (a photograph of a suspect who commits an indecent act CCTV against a victim A, and a CCTV CD or a piracy on the piracy);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reason for sentencing [the scope of recommended punishment] The general criteria for sexual crime committed by coercion (subject to 13 years or more) and the mitigation area (1 month or year to 1 year) [the person subject to special sentencing] is not subject to punishment (the decision of sentencing]. The defendant does not consider the victim's emotional sentiment, but only intends to meet his own sexual satisfaction.

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