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(영문) 대구지방법원안동지원 2020.12.03 2020고합44
강제추행상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Around 23:00 on December 2, 2019, the Defendant: (a) committed an indecent act by forcing the victim to have a knife with a knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, kn

Accordingly, the defendant forced the victim to commit an indecent act and injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 301 of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose or notify registered information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); the registration of personal information, the community service order and the order to attend education is imposed to prevent recidivism; the registration of personal information, the community service order and the order to attend education is imposed to prevent recidivism; the recidivism of sexual crimes committed against many and unspecified persons; and the disclosure or notification order does not seem to have any obstacle to sexual crimes committed against the unspecified persons; and other various circumstances revealed in the records, such as the adverse and anticipated side effects that the defendant may sustain due to disclosure or notification order and the effectiveness of the prevention of sexual crimes.

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