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(영문) 대구지방법원 2018.06.01 2018고단1083
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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 March 12, 2018, the Defendant: (a) Dad “D” or the victim ( South and North years of age) who was born in the water surface room located in the Daegu Suwon-gu Suwon-gu, Daegu-gu, Seoul (hereinafter “D”); and (b) Dadd the part of the victim’s her body and her sexual organ was shakened by the Defendant.

Accordingly, the defendant committed indecent acts against people in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment. Article 11 (Selection of Imprisonment with Labor)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no past record of the same kind of crime or imprisonment with prison labor, and that there is an agreement with the victim);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person taking education, and a judgment of conviction on a sex offense subject to registration, 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 the defendant is obligated to submit personal information

No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage to the defendant's disadvantage and the preventive effect of sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim.

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