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(영문) 대구지방법원 2020.01.15 2019고단4316

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

The defendant and the victim B (the name, the age of 19) are known to each other.

On June 29, 2019, at around 05:00, the Defendant committed an indecent act by force against the victim by discovering the victim’s arms in front of the restaurant of “D” in Daegu Northern-gu, Daegu Northern-gu, and by attracting the victim’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Application of the CCTV image photograph Acts and subordinate statutes;

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, considering the following factors: (a) the crime of this case is committed by force by force by the Defendant, taking into account the following factors: (b) the Defendant’s confession to commit a crime; (c) the Defendant has no criminal records of the same kind; and (d) the Defendant has no criminal records of the same kind; and (c) the victim has not been punished against the Defendant upon agreement with the victim, the sentence of the same sentence is 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

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities shall prevent the Defendant from repeating the crime