beta
(영문) 대구지방법원 2019.09.25 2019고단2609

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 March 3, 2019, the Defendant: (a) around 08:00, at C Sarido or the second floor, located in the 1st underground floor in Daegu-gu B-gu, Daegu-gu; (b) obtained a license from the victim D (the 24 years old), and sought a kisk on the hand of the victim; and (c) obtained a license from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. CCTV photographs, etc.;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Taking into account the facts behind the crime of this case for sentencing of Article 56(1) of the Act on the Gender Protection of Children and Juveniles with Employment Restriction Order and Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the fact that the defendant has the same criminal records and multiple different criminal records, etc., the defendant is led to the confession of the crime, the victim is not subject to punishment against the defendant by agreement with the victim, and the fact that the victim is a class 3 disabled person with a language disorder, etc., the sentence identical to the order shall be imposed on the defendant.

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the details of the instant crime, social benefits expected by the disclosure and notification orders, and the effectiveness of the prevention of sexual crimes, thereby resulting therefrom.