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(영문) 대구지방법원 서부지원 2016.07.21 2016고단950
준강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 29, 2016, the Defendant: (a) 06:30 around 06, and around 2016, at the male bath water room of the D4th floor in Daegu Seo-gu, Daegu-gu, the Defendant laid down the victim’s sexual organ with one hand between the two legs of the victim E (25 years old) who was locked and locked, and kidd against the victim’s sexual organ in front, rear, and rear by another hand.

Accordingly, the Defendant committed an indecent act against the victim by making use of the victim’s potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: fine of 2,00,000 won, the confession of and the attitude against the defendant in depth is shown; the victim is male; the victim is a university student preparing employment; there is no criminal record other than a fine of 10,000 won for losses; the victim has agreed to pay compensation of 10,000 won for losses to the victim; the victim is not subject to punishment against the defendant; the sentence shall be suspended in consideration of the circumstances of this case, etc.);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program;

1. Where a conviction becomes final and conclusive with respect to the facts constituting a crime on which the personal information of Article 186(1) of the Criminal Procedure Act is registered, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

However, 2 years have not passed without the invalidation of the suspended sentence after the judgment of suspended sentence against the defendant became final and conclusive.

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