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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2325
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 29, 2016, the Defendant, at the Defendant’s house located in Daegu City, Seogu, 2016, committed an indecent act by force against the victim C (the age of 53) who works in the Defendant’s house as well as his house’s house’s house’s house’s home, with a view to forcing the victim to commit an indecent act. A daily allowance is given to the victim, and the victim’s chests are sent to the victim with his own hand, and the victim’s chests are sent back to several times with his own hand, and the victim was placed on the floor of the victim’s house by hand, and the victim’s fingers with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da14488, Apr. 1, 2007)

1. Where a conviction of the accused against the criminal facts stated in the ruling on the registration and submission of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused 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

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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