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(영문) 대전지방법원 2018.11.02 2018고단2213
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 4, 2018, at around 08:30, the Defendant was forced to commit an indecent act by taking advantage of the victim E’s resistance or mental or physical loss status, she was off from the victim E (V), who was in a state of 608 heading room in Daejeon Seo-gu, Daejeon, with her mouth 608 heading room.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. An order to attend a lecture, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the degree of indecent conduct on the grounds of sentencing is not somewhat weak, and the defendant appears not to have entered the victim's intentional body, and the fact that he/she is not deemed to have entered the victim's room, due to urology and surgery, and that his/her health is not good due to the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all other circumstances, such as the situation after the crime, shall be determined

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 to the head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, the defendant is determined in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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