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(영문) 대구지방법원 2017.07.07 2017고합151

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant

On December 18, 2016, when driving a taxi at around 07:30 on December 18, 2016 and driving the front road located in Daegu-gu C, the applicant for an order to observe and order to protect the victim (hereinafter referred to as the "defendant") was able to have the victim E (V, 19 years of age) on his/her front seat, and arrived at the front of the Daegu-gu Suwon-gu F, which is a destination, but the victim was under the influence of alcohol, but the victim was able to commit an indecent act against the victim who is not under the influence of alcohol, and the driver was able to take the body from the driver's seat toward the front of the victim and walk the victim's clothes and clothes with his/her chest and walking the victim's clothes. The victim was able to commit an indecent act against the victim under the influence of alcohol by putting him/her in his/her hands as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Where a judgment of conviction against a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant 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 to the competent agency pursuant to Article 43

Determination on the claim for an order to observe the protection

1. The gist of the claim is that the defendant is likely to recommit a sexual crime in light of the criminal history, the attitude of an act, etc. as stated in the criminal facts.

2. As to the defendant, the suspension of the execution of the sentence is declared against the specific criminal.