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(영문) 대구지방법원 김천지원 2016.02.03 2015고단1299
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 1, 2015, at around 04:30 on 04:30, the Defendant discovered the victim D (the age of 26) who locked in the soup crying area by making soup fry fryp fryp fry, and stored his body into the above soup fry, and became only the victim's buckbucks.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the investigation report (CCTV analysis), soup CCTV photographs and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 punishment for sexual crimes before the instant crime was committed, and the Defendant’s personal information registration and lecture lecture for sexual assault treatment can prevent recidivism;

In full view of all the circumstances such as the benefits expected and the effects of the disclosure or notification order and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment] Grounds for sentencing

1. Where the degree of conduct in the mitigation area (one month to one year) (special mitigation person) (a person subject to special mitigation) is weak in the application of the sentencing criteria [the scope of recommended punishment] general standards for compulsory indecent conduct (subject to at least 13 years)

2. The fact that the defendant who was sentenced to punishment recognized the crime of this case and repents his mistake, and the victim.

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