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(영문) 대구지방법원 포항지원 2013.10.31 2013고단841
강제추행
Text

A defendant shall be punished by imprisonment for four 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

On June 22, 2013, around 23:10, the Defendant took the back seat of the F taxi operated by the victim E (the age of 51) in front of the D cafeteria located in Nam-gu, Nam-gu, and used the victim's arm's length with his hand to commit an indecent act against the victim, while driving on the back seat of the F taxi operated by the victim E (the age of 51), which is the relative third party, at the destination, and used the victim's arm's length with his hand. However, the Defendant refused it, upon the victim's refusal, committed an indecent act by force against the victim by spreading the victim's chest toward the victim's own arm's length by exposing the arm's length toward the victim's length.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration under Article 62(1) of the Criminal Act, 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 his/her personal information to the head of a competent police agency pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant exempted from disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances where disclosure or notification of personal information shall not be disclosed or notified pursuant to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1)

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