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(영문) 대구지방법원 경주지원 2019.09.26 2019고합34

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:15 on May 1, 2019, the Defendant committed the crime against the victim B, who was locked in the fourth floor of Yongsan-gu Seoul, Yongsan-gu, Seoul, for the victim B (here, 32 years of age) who was locked at the public room of the fourth floor of Yongsan-gu, Yongsan-gu, Seoul.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant committed the crime against the victim E at around 07:30 on May 1, 2019, in the above official room, and at the next side of the victim E (M, 31 years old) who was divingd from the above B, the Defendant got her her her her her her her her her her her her her her her her her,

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of each of the Acts and subordinate statutes prepared B;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes concerning victim E with severe punishment prescribed by quasi-indecent act by force);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempted from disclosure order and notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the registration of personal information and participation in sexual assault treatment merely appears to have the effect of preventing recidivism; and the disclosure order and notification order are compared to the disadvantages and anticipated side effects that the Defendant suffers.