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대구지방법원 2014.06.12 2014고단1652
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Around 14:00 on February 22, 2014, the Defendant: (a) committed indecent acts by force by force against the victim by hand, who was receiving treatment together with the victim E (n, 34 years of age) who was receiving a mental disorder in the D Hospital Hospital Hospital, and was forced to talk with the victim’s chest, and (b) was discharged from the Defendant, and (c) showed the Defendant’s sexual organ, and (d) stated that “as soon as possible,” the Defendant’s sexual organ was “as soon as possible.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements 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 conviction of a sex offense subject to the registration of personal information in the instant case is finalized under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit the personal information of the accused to the head of

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 entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] the general standard for the crime of indecent act by compulsion (subject to the age of 13 or more) is the mitigated area (one month to one year) (special mitigation).

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