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(영문) 대구지방법원 포항지원 2020.06.17 2019고단1604
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On June 18, 2019, around 22:30 on June 18, 2019, the Defendant committed an indecent act against the victim by force by dividing the chest part of the victim D (M, name) which was used to calculate the Defendant’s operation in North-gu B, North-gu, North Korea, into a kacker’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness D;

1. Statement to E by the police;

1. A report or accusation on the occurrence of a suspected crime by indecent act;

1. Application of Acts and subordinate statutes to report internal investigation and report investigation (to hear a victim's child's telephone statement);

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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 years of age or older) [the 1] general indecent act by compulsion (the person in special form] - the mitigated element: the mitigated element of punishment [the scope of the recommended area and the recommended punishment], the mitigated range of punishment, one month to one year [the person in general form] [the grounds for suspended execution] - The major reasons for non-guilty: The penalty is not imposed.

3. As well as the above sentencing factors, the motive and background of the crime, the degree of indecent act, the time taken by the agreement, the number of punishment records and reflectability, etc. shall be taken into account.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, criminal records, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, and employment restriction order may be achieved due to the defendant's age, occupation, criminal records, risk of recidivism.

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