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(영문) 대구지방법원 2019.08.14 2019고단1323
강제추행
Text

A defendant shall be punished by imprisonment for four 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 a death that he may know at all with the victim B(n, 34 years of age).

피고인은 2019. 1. 1. 00:50경 대구 수성구 C아파트 앞 노상에서, 강아지를 안고 걸어가던 피해자에게 다가가 “강아지가 예쁘다”라고 말하면서 갑자기 손으로 피해자의 팔을 만지고, 팔짱을 끼고, 자신의 얼굴을 피해자의 가슴에 갖다 대려고 하였다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written statements prepared in D;

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. In light of the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, considering the fact that the defendant committed indecent acts by compulsion of the victim, the liability for such crime is not less than that of the victim, and that the defendant did not receive a written indictment from the victim, the defendant is led to the confession of the crime, the fact that the defendant has no criminal record of the same kind of crime, and the degree of indecent acts by compulsion is relatively small, the sentence of the same punishment

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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities are limited to orders to register

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