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(영문) 대구지방법원 2019.06.14 2019고합84
준강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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 05:00 on March 1, 2019, the Defendant, who was divingd from the male-gu Jung-gu, Daegu-gu, Daegu-gu, (hereinafter referred to as "Seoul-gu") around the victim D (one's name, half, and twenty-four years old), stored his hand in the victim's clothes, stored his hand in the victim's clothes, and continued to breath of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. A written statement of D;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attached materials 2, 12, 14, 25, 27, and each attached materials);

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The grounds for sentencing are determined to include the following special circumstances: (a) disclosure and notification of the personal information of the accused and the possible side effects of the accused’s disadvantage due to the Defendant’s age, occupation, family environment, social ties, criminal punishment, disclosure order or notification order, disclosure of information, and employment restriction order, and prevention of sexual crimes that can be achieved therefrom, in full view of the following: (i) disclosure and notification of the accused’s personal information, and (ii) notification thereof, and (iii) notification thereof, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restrictions; and (iv) the proviso to Article 56(1) (the proviso to

1. The scope of punishment by law: One month to ten 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 compulsion (the 13-year old or over) [the 1-year-old] general indecent act by compulsion (the 1-year-old person] element:

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