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(영문) 대구지방법원 경주지원 2018.02.21 2017고단850
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2017, the Defendant passed the new village located in Mapo-gu Seoul around 23:00 on August 21, 2017, and was seated above the seat of the victim C (the age of 32) in the circular train room in the 2 line-line 2 lines, and became only the victim's left side buckbucks and the victim's sound fucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of Chapter 1 CDs, video CDs, investigation reports (referring to reference D phone surveys), and CCTV video CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

I think)

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the Defendant who is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the defendant commits an indecent act against the victim in the subway.

As a result, the victim seems to have been able to feel a considerable sense of sexual humiliation and maternity.

Provided, That this shall not apply to the confession of the accused and the victim.

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