logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.04.26 2016고단327
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant: (a) on July 23, 2015, at DKafin located in Daegu-gu, Daegu-gu, requested the key of the vehicle to the victim E (n, 36 years of age) who is an employee of the said location; (b) on the one hand, the Defendant, who was found the key of the vehicle at the victim’s home, committed an indecent act by force against the victim on the following grounds that the Defendant was able to find the key of the vehicle at the victim’s home.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Reasons for sentencing

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the basic area (six months to two years) of the indecent act committed by general compulsory persons (the person who is subject to special sentencing];

2. Circumstances in light of the favorable circumstances - There is no previous conviction above the reflectivity, the same kind and the suspension of execution, the circumstances disadvantageous to the victim - the age of the defendant is other than that of the defendant.

arrow