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(영문) 대전지방법원 2016.01.29 2015고단3581
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2015, the Defendant: (a) committed an indecent act by force against the victim E, a passenger on the front line, of the victim E, who was a passenger on the front line, by paying a taxi fee with the credit card; (b) a defect that the Defendant attempted to get off after settling the taxi fee with the credit card; and (c) a single knick with her son.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

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

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

3. Where a judgment to submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information under 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 head of the competent police office pursuant to Article 43 of the said Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing [Scope of Recommendation] In the case where the exercise of the force of force in the area of special mitigation (one month to one year) (special mitigation person) (special mitigation person) is considerably weak, the degree of prosecution is weak [Determination of sentence] as a case of sexual indecent act of a taxi engineer in the same occupation as a case of sexual indecent act of a taxi engineer.

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