logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2020.01.08 2019고단1276
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant was sentenced to six months of imprisonment for the crime of indecent act by force in the Daegu District Court Kimcheon Branch on March 15, 2018.

At around 10:20 on June 24, 2019, the Defendant: (a) reported that the victim D (one-one-six years of age, and one-six) is standing on the crosswalk in front of the seat of the C Bank in the Gu-si B; (b) and (c) followed the victim by “E and F” while drinking the victim’s mind to force force by force even though the victim was a person who is entirely aware of it; and (d) forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. G statements;

1. Photographs of crimes;

1. Previous records: Application of the Act and subordinate statutes on criminal records, etc., written inquiry, written judgments, and personal confinement status;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by force (the subject of 13 years of age or older) [the type 1] general indecent act by force (the person in special form): - Where the exercise of tangible force is considerably weak, and where the degree of indecent act is weak: - Where the degree of aggravation is weak, the element of aggravation: - the area of mitigation [the recommended field and the scope of recommended punishment] of the same repeated crime not falling under specific violent crimes (the repeated crime) [the subject of mitigation], 1 month to one year [the general person] of imprisonment [the grounds for suspension of execution] of sentence against juveniles are nonexistent.

arrow