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(영문) 대구지방법원 서부지원 2018.09.06 2017고단2945

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 20, 2017, around 22:40, the Defendant discovered the victim C (the 17-year-old age-old) who was withdrawing cash from the Daegu Bank’s cash withdrawal machine located in front of the apartment complex general social welfare center, and entered the victim into the said facility, “the son and coffee mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on photographs of the place of crime, CCTV images CDs, and CCTV closure photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62-2 of the Criminal Act; Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

The reason for sentencing was that the defendant committed an indecent act against the victim who is a juvenile in the cash withdrawal period against his will. In light of the details and contents of the crime, the punishment is not against the victim.

In particular, even though the Defendant was punished for the same kind of crime or was tried, it is highly likely to criticize the instant crime.

Defendant’s crime.