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(영문) 대구지방법원 2015.05.12 2014고단6583
준강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2. Taking lectures necessary to prevent sex crimes for 40 hours against the defendant;

Reasons

Punishment of the crime

On August 6, 2014, around 18:10 on August 6, 2014, the Defendant discovered that the victim D (manam and 22 years old) was locked within the sixth male sasty or the water surface room of the Daegu Suwon-gu C building, and brought about the victim's chest and gender, and caused the victim's grandchildren to her gender.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] the basic area (6 months to 2 years from June to 2 years) of the crimes of indecent act by compulsion (the persons aged 13 or older) shall be nonexistent;

2. The circumstances considered - The circumstances that have no record of criminal punishment - the unfavorable circumstances:

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