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(영문) 대구지방법원 2015.09.15 2015고단3680
강제추행
Text

1. The defendant shall be punished by imprisonment for eight 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 June 6, 2015, the Defendant: (a) was parked in the Defendant’s DNAS car parked in front of Daegu-gu, Daegu-gu, Seoul-gu, the Defendant: (b) moved the victim E (n, 22 years of age), a mobile phone store employee operated by the Defendant, to the head of the steering group; (c) was faced with the view of the victim himself/herself and his/her body; and (d) was refused by the victim’s body, the Defendant stated that “The 100,000” is called as “The Hawk, the Maritime Defense System, and

In addition, the victim was forced to commit an indecent act by quickly entering the victim's injury and by inserting the defendant's inside the victim's injury.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a judgment on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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

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.

Reasons for sentencing

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general indecent act by compulsion (6 months to 2 years) and the basic area of the indecent act by compulsion (a special person) (a special person who has

2. To take into account;

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