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(영문) 대구지방법원 2017.07.04 2017고단2505
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 24, 2017, the Defendant, as a person with hearing disability (Grade 2), committed an indecent act by force, on the following side of the victim E (W), waiting for a signal apparatus intending to build a road on a crosswalk, at around 10:10 on March 24, 2017, at the south-gu, Daegu, Daegu, the Defendant committed an indecent act by force, by making the victim’s her own hand only one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a detailed statement of processing a report 112) -12;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Legal mitigation under Articles 11 and 55 (1) 6 of the Criminal Act (Agricultural-mutes);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (the defendant is deaf and female, and it is difficult to achieve the effect of preventing recidivism of sexual crimes through the completion

Since it is determined that there is a special reason for not being able to impose orders to complete programs.

I think)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The judgment that is a sex offense subject to registration and submission of new information is judged.

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