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(영문) 대구지방법원 2020.06.10 2019고단6635
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

[Criminal Power] On October 20, 2017, the Defendant was sentenced to a suspended sentence of two years on October 28, 2017 by imprisonment with prison labor for the crime of indecent act by compulsion, etc. at the Daegu District Court, and the said judgment became final and conclusive on October 28, 2017.

【Criminal Facts】

Defendant (Grade 3) and Victim B (Grade 27, 3, mental disorder) are patients hospitalized in the D Hospital located in Daegu North-gu C.

On February 21, 2015, the Defendant committed an indecent act against the victim by taking the victim's fingers from the victim's sexual organ while talking with the victim at the interview room of the third floor of the above hospital.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records recorded B;

1. Statement and analysis opinion of disabled persons;

1. Each report on investigation;

1. Previous records before ruling: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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 by compulsion of the victim, shall be sentenced to the same punishment as the order of the Defendant, taking into account the following factors: (a) considering that the Defendant made an indecent act by force on the part of the victim; (b) the Defendant failed to pay the agreed amount to the victim; and (c) the Defendant filed a complaint against the victim; and (d) there are many same kinds of crimes and records of crimes; (b) the Defendant led to the confession of the crime; (c) the need to consider equity with the case at the same time in relation to the crime

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 subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment,

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