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(영문) 대전지방법원 2015.05.29 2015고단776
준강제추행
Text

A defendant shall be punished by imprisonment for six 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

At around 16:00 on December 31, 2014, the Defendant discovered the victim E (here, 20 years of age) who was locked above the small wave, and the victim spreaded under the large wave to the victim, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herstm

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the mental or physical condition of the victim.

Summary of Evidence

1. Defendant's legal statement;

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

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

2. Article 62 (1) of the Criminal Act;

3. Where this judgment becomes final and conclusive, the accused is subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the aforesaid Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [decision of the type] The crime of indecent act by compulsion by force (subject to the age of 13) in the general standard for sexual crimes (subject to the age of 13) - The case where the exercise of the force of the mitigated element is considerably weak, the degree of indecent act is weak [the range of recommending punishment] from one month to one year.

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