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(영문) 대구지방법원 2020.12.23 2020고단3534

강제추행

Text

A defendant shall be punished by imprisonment for six 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 June 14, 2020, around 07:35, the Defendant committed an indecent act against the victim by force, on his own hand, at a “C” restaurant located in Daegu-gu, Daegu-gu, and at around 07:35, the victim D (here, 49 years of age) who is an employee, called “Ilsan C”.

Summary of Evidence

1. Application of the Acts and subordinate statutes to report the investigation of the defendant's legal statement D and the closure of each police statement 112 reported case processing table to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant under Article 62-2 of the Social Service Order Act is an indecent act by force of the victim, and the criminal liability is grave, multiple types of crimes are maintained, and no written indictment has been received from the victim until now. Considering the fact that the Defendant is deemed to substitute for the crime, the Defendant’s confessions as substitute for the crime, and the fact that there is no criminal record of the same kind of crime, the Defendant’s age, occupation, background leading to the crime, specific form and degree of indecent act, and circumstances after the crime, etc., the sentence of the same sentence as the disposition

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant shall register personal information