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(영문) 대전지방법원 논산지원 2017.03.17 2016고단643
강제추행
Text

A defendant shall be punished by imprisonment for six 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 September 25, 2016, at around 18:45, the Defendant: (a) discovered the victim E (one’s name, half-year age, 63) in front of the “D cafeteria” located in Chungcheongnam-gun, Chungcheongnamnam-gun, and found the victim E (one’s age, 63) who is fluent, and forced the victim to commit an indecent act on the part of the victim, by inserting the victim’s fluence into a sect with a sect between the two descendants, and by putting the victim’s body into action.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on internal accidents;

1. Application of Acts and subordinate statutes to a report of investigation (a face-to-face investigation)

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Where a conviction against the Defendant is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act, and the Defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the Sexual Violence Punishment Act.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s entry due to an order to notify the disclosure of personal information, thereby comprehensively taking into account the Defendant’s age, occupation, and risk of recidivism, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry as a result of the order to notify the disclosure of personal information, and the effectiveness of preventing sexual crimes subject to registration and protecting the victims, there is “any special circumstance that may not disclose personal information” provided for in Articles 47(1) and 49(1) proviso of the Punishment of Sexual Violence Act, the proviso to Article 49(1) and the proviso to Article 50(1

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing [the scope of recommendations] general standards for indecent acts by force (13 years or more).

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