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(영문) 대구지방법원 2018.10.11 2018고단3611
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 June 18, 2018, the Defendant, at around 10:00, committed an indecent act by force against the victim, who was cleaning at the toilet located in "C" located in "C," which was operated by the Defendant at around 10:00,000, following the victim D (n, 64 years of age). The victim, who was taking charge of the victim's chest by hand, and the victim, who was her finger by returning the body, her finger, her grandchildren, her grandchildren, her grandchildren, 6-7 times to her sexual part, committed an indecent act by force against the victim, who was 6-7 times of non-hulled rice on her sexual part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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.

[Determination]

1. Reasons for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of recommendations] of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment], Article 56(1) of the Act on the Punishment of Sexual Offenses (the crime of forced indecent act (the crime of forced indecent act committed by the general public more than 13 years) is mitigated area (1 month-1 year) / [the person who is subject to special sentencing] who is not subject to punishment [the decision of sentence], the defendant committed an indecent act against the victim who is

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