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(영문) 대구지방법원 2017.08.29 2014고단1069
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant takes a course necessary to prevent recidivism of sexual assault crime for 40 hours.

Reasons

Punishment of the crime

On November 30, 2013, the Defendant forced the victim to commit an indecent act by inserting alcohol together with the Defendant’s sexual traffic D (n, 30 years of age) in Daegu-gu C lending on November 30, 2013, and drinking alcohol with the Defendant’s sexual traffic D (n, 30 years of age), and two descendants following the victim’s sexual traffic, etc., and inserting the victim’s chests, which are against this, the Defendant committed an indecent act by force.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of reference witnesses by the prosecution concerning D;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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.

I think)

The reason for sentencing [Scope of Recommendation] The general criteria for the crime of indecent act by force (subject to more than 13 years) is that there is no basic area (6 months to 2 years) (special person subject to sentencing) [decision of sentence] (decision of sentence]. The following circumstances and other circumstances, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the records and arguments, shall be considered and determined as the order.

Unfavorable circumstances: in light of the method and part of the conduct.

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