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(영문) 대구지방법원 2017.02.09 2016고단3754

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In the state that the Defendant lacks the ability to discern things or make decisions due to editing mental division diseases, etc., on May 12, 2016, around 18:40 on May 12, 2016, the Defendant sent back one time the left chest of the victim E (the victim, the age of 20) on his/her own hand in front of the Daegu subway 2, Daegu subway C, Daegu High-gu, Daegu High-gu, Seoul High-gu, on the third floor, in front of the 3rd basement.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach a suspect's maternity call and opinion of intention);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 100,000 per day) to detention in a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act (a postponed: a fine of 2,00,000 won) of the suspended sentence is a crime committed by the defendant under the lack of the ability to discern things or make decisions due to editing mental division, etc., the degree of prosecution is relatively minor, and there is no criminal history, taking into account the following factors into account: the defendant’s age, sex, family environment, motive and method of committing the crime, and circumstances after committing the crime, etc.; and the punishment is determined by taking into account all the conditions for sentencing, such as the defendant’s age, sex, family environment, motive and method of committing the

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 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

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.