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(영문) 대구지방법원 2017.01.20 2016고합479
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

On August 18, 2016, at around 17:39, the Defendant: (a) discovered the victim E (or 21 years old) at the bus stops in the D University bus stops located in Busan-si, Sinsan-si; and (b) singing away the victim boarding F urban buses by driving away from the bus.

At around 18:06, the Defendant reported the victims who want to get off at the bus stops located adjacent to H No. 1 located adjacent to the exit in Sinsan-si, Sinsan-si, 18:06, the Defendant left the bus first, and followed the victims who gets off the bus and walked on the road, the Defendant saw the victims by using their own arms, and kidds the victims by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Field photographs and clothes photographs kept by the victim at the time of committing the crime;

1. Other closure photographs;

1. Application of Acts and subordinate statutes to report internal investigation (with regard to a warrant of search and seizure inspection and reply);

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is a second-class disabled person with intellectual disabilities, and it is difficult to expect the effect of re-offending due to an order to attend a lecture because communication is not smooth, there are special circumstances in which

I think)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 the risk of recidivism or recidivism of a sexual crime, in consideration of the background of the crime committed in the records of this case, the relationship with the victim, the relationship with the victim, the criminal record, the circumstances after the crime, etc.

It is difficult to readily conclude.

The extent of the exercise of the tangible force of this case, the age, sex, family environment, and society of the defendant.

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