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(영문) 대구지방법원 2017.11.16 2017고단5114
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 20, 2017, the Defendant committed an indecent act by force by taking advantage of the fact that the 5th floor of the 5th floor of the Daegu Suwon-gu Building B was in an unreshed situation, the Defendant used the victim C (21 years old) of the victim C (21 years old) in this resistance, thereby making soup up the hands and making soup up the fingers of the victim.

2. Around 06:40 on the same day, at the same place, the victim took advantage of the victim’s potential to resist again and made soup, making soup the victim’s sexual organ fry, and made indecent acts by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of all the circumstances such as the Defendant’s age, family relation, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure order and notification order, and disadvantages and side effects therefrom, there are special circumstances under which disclosure and notification of the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: (b) Articles 49(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (d) Article 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; and (e) the participation in the registration of personal information and

As such, a disclosure order or notification order shall not be issued to the defendant.

The grounds for sentencing are as follows: the Defendant’s age, sexual conduct, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, and other various conditions for sentencing specified in the records and arguments.

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