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(영문) 대구지방법원 경주지원 2016.12.21 2016고단520
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 9, 2016, the Defendant: (a) around 13:30 on May 13, 2016, the Defendant: (b) found the victim C (n, 18 years of age) coming from the front side of the B apartment, and caused the desire of the Defendant to install the bicycle and followed the victim, and (c) met by her hand.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

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. The proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to attend a lecture (under the records, the defendant suffers from comprehion mental disorder, resulting in symptoms such as fice, ice, difficulties in personal relations, etc., and other special circumstances in which order to attend a lecture cannot expect the effect of re-offending due to the defendant's attitude of his/her legal statement, etc. are difficult to expect the effect of re-offending.)

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempted from disclosure order and notification order, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected from the disclosure order or notification order of this case, and disadvantages and side effects therefrom, there are special circumstances that may not disclose and notify the Defendant’s personal information) where the Defendant who registered the personal information becomes guilty of the Defendant’s criminal facts indicated in the judgment, pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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