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(영문) 대구지방법원 2020.01.14 2019고단5631
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who serves as an acting driver.

At around 04:30 on September 13, 2019, the Defendant was driving on behalf of the victim C (the name, the age of 28) in Daegu-gu, Daegu-gu, where he was requested to drive on behalf of the other party for the vehicle of the victim C (the age of 28) and was broken the victim who was seated at the front of the Daegu-gu, Daegu-gu, which is a destination, and became able to break the victim who was locked, but the chest of the victim was turned down several times by hand.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement (C, pseudonym) and police statement of C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs, etc.), investigation reports (Attachment of 112 Report List);

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act, the Defendant is subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the Defendant was placed, the effect of preventing sexual crimes subject to registration to be achieved due to such order, the effect of protecting the victims thereof, etc.

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