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(영문) 대구지방법원 2020.08.19 2020고단804
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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

At around 05:00 to 07:00 on November 11, 2019, the Defendant committed an indecent act against the victim, such as taking out a soup, which is a place where the public is concentrated on the five-storys of the “C” located in Seongbuk-gu, Daegu Metropolitan City, as a place where the public is concentrated. The Defendant committed an indecent act against the victim, such as taking out a soup from the victim D (Nam, 22 years of age) who was locked at the said soup and taking out a soup room, putting the finger back into the part of the victim, putting the victim’s sexual organ into his

Summary of Evidence

1. Application of the police statement to D of the defendant's legal statement to a criminal investigation report (to attach CCTV images at the place where CCTV is generated), investigation report (the confirmation of recent same kind of power to a suspect, etc.) by a written agreement to capture of video data;

1. Article 11 applicable to the relevant criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020) that have been chosen to punish a sexual crime;

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 against Children and Juveniles against Sexual Abuse, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59-3(1) of the Child Welfare Act, is an indecent act against the victim in a soup room where the Defendant is densely concentrated, and there is a significant number of different criminal records, and there is a number of different criminal records. In particular, even though the Defendant was sentenced to a fine of KRW 3 million due to quasi-indecent act on June 14, 2013, considering the fact that he/she again committed the crime of this case, taking into account the fact that the Defendant is led to the confession of the crime, the fact that the victim was not punished against the Defendant by agreement with the victim, and taking into account all other circumstances, such as the Defendant’s age, occupation, circumstances leading to the crime, and the circumstances after the crime, the sentence of this case shall

Where a conviction is finalized on the facts constituting an offense on which personal information shall be registered and submitted, the accused is a special case on the punishment, etc. of sexual crimes.

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