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(영문) 대구지방법원 2020.01.21 2019고단5741

강제추행등

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

1. On July 22, 2019, the Defendant discovered the victim D (age 45) who was sitting and drinking on the back table in the condition of his/her own fluence in the Daegu Dong-gu B, Daegu-gu, and committed an indecent act by force by force against the victim by using the victim’s shoulder, etc. with his/her left hand over five times.

2. The Defendant, at the same time and at the same place as the above 1. Paragraph 1., was subject to the check from the victim E (the age of 51) who was a witness of the above 1. paragraph, and the victim reported the above 1. case to the police, and assaulted the victim's left side with his hand floor one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to D, E, D, and E;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the crime, Articles 298 and 260 (1) of the Criminal Act concerning the selection of a punishment, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes;

1. Where a conviction of a defendant who is obligated to register and submit personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act is finalized as to the crime of indecent act by compulsion, 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

In full view of the above crimes which cause the registration of personal information and the remaining crimes, the period of the registration of personal information is deemed unnecessary to be more short-term periods than the period according to the sentence, considering the nature of the crimes, severity of the crimes, etc., so the period of the registration of personal information should not be shortened.

disclosure order; or