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(영문) 대구지방법원 2019.10.16 2019고단2663

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 is the victim B(n, 20 years of age) and is not aware of it.

On March 31, 2019, around 05:40 on March 31, 2019, the Defendant discovered a victim who was expected to be the pole in the middle-gu Daegu-gu “D” on the one hand, and committed an indecent act by force against the victim only after the victim turns out his/her hand and turned out his/her chest.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Voluntary report on indecent acts by compulsion:

1. 112 reported case handling table;

1. Each photograph;

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. Taking into account the factors behind sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and the fact that there is a history of having been a disposition of suspension of indictment for the same kind of crime on May 31, 2018, etc., the sentence identical to the order shall be imposed on the Defendant, taking into account the factors behind sentencing favorable to the Defendant, such as the confession of the Defendant for the crime, and the fact that the victim agreed with the victim has not been punished against 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 Order, Notification Order, and Employment Restriction Order, proviso to Article 49(1), proviso to Article 50(1), proviso to Article 56(1), proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities can prevent the Defendant from repeating the crime.