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(영문) 대구지방법원 포항지원 2018.06.07 2017고단1459

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

The defendant is a taxi engineer who operates Csi.

On September 7, 2017, the Defendant: (a) 01:40 on September 7, 2017, the Defendant boarded the victim E (the age of 27) (the age of 27) who was a guest in the above taxi and was able to commit an indecent act on the back seat and moved the victim’s chest to the back seat.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a criminal investigation report (the analysis of taxi booms images and the attachment of CDs), investigation report (the storage of photographs of taxi booms on screen pictures) and investigation report (the attachment to this attachment);

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 suspended execution;

1. Where a conviction becomes final and conclusive with respect to the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a community service order or an order to attend a lecture, 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and consequence of a crime, seriousness of a crime, anticipated side effects and expected side effects that the Defendant may suffer due to an order of disclosure or notification, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

The decision is judged.

Therefore, the defendant's disclosure order is subject to disclosure order.