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(영문) 대구지방법원 2013.05.09 2012고단2169
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2012, around 9:30 on March 21, 2012, the Defendant boarded the bus C at the bus stops in front of the Daegu Suwon-gu B building, and was seated on the rear side of the said bus, and was seated on the left side of the victim.

Accordingly, the Defendant committed an indecent act against the victim by taking care of the victim’s bridge bucks and buckbucks with the victim’s hand in order to commit an indecent act against the victim, and by taking care of about 20 minutes of the victim’s bridge bucks, and by taking advantage of the victim’s mental disorder or failing to resist.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Where a conviction becomes final and conclusive on the crime of this case, which is a sexual crime subject to the registration of personal information chosen to imprisonment, as prescribed in Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is obligated to submit the personal information of the defendant to the head of the competent police office pursuant to Article 33 of the same Act.

In light 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, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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