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(영문) 대구지방법원 2013.07.25 2013고단3193
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant stated in the facts charged on May 12, 2013 as the date of the crime on May 11, 2013, but it is obvious that it is a clerical error according to the records.

From 00:20 to 502, the victim C (the 28 years of age) who returned home around the 502 building of the Daegu Suwon-gu building, had the victim's chests 5 times after the victim's hand, and had the victim's chests 5 times.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of police;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

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

1. Suspension of execution (the fact that there is no record that the defendant has been punished for the same crime, the fact that the defendant confessions the crime and does not repeat again while the defendant repents his mistake, and the age, inclination, etc. of the defendant is considered) Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the Defendant’s personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., personal information is subject to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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