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(영문) 대구지방법원 서부지원 2018.05.21 2017고단1942

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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. On July 22, 2017, the Defendant: (a) committed an indecent act by force in the stairs of the entrance No. 17 of the D Station No. 15:45, Seo-gu, Daegu, Seo-gu, with the intent to forcibly commit an indecent act against the victim E (the age No. 22) who was under the stairs; (b) humping the victim after the victim; and (c) humping the victim’s chest with his/her hand; and (d) committed an indecent act by force against the victim.

2. The Defendant assaulted, at the time, at the time, and at the place specified in the above paragraph 1 above, the Victim F (26) of E’s male-friendly arrest victim F (26) by hand, in order to remove the Defendant from E, the Defendant was pushed the Defendant, and the Defendant was tightly assaulted by walking the Victim’s chest and part of the Defendant’s chest and part of the Defendant, one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report on investigation (referring to photographing damaged photographs and listening to victim F telephone statements);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act committed by force, which is a sex offense subject to the registration of personal information, under Article 62-2 of the Criminal Act, Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under the main sentence of 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

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to readily conclude that the registration of personal information and taking lectures for sexual assault treatment can result in the prevention of recidivism to a certain extent). This is due to the type, motive, criminal process, disclosure order, or notification order of the instant crime.