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(영문) 대구지방법원 2020.04.22 2019고단5417
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2018, the Defendant was sentenced to a suspended sentence of ten months in the Daegu District Court for a violation of the Game Industry Promotion Act, etc., and the judgment became final and conclusive on May 29, 2019.

【Criminal Facts】

At around 01:00 on May 18, 2019, the Defendant: (a) reported that the victim D (one, half, and sixty-one years of age) was friendly, and subsequently committed an indecent act by force against the victim by having the victim aware of it.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement of D (tentative name) and E;

1. Each return letter (False Detection), 112 report processing statement;

1. Each report on investigation;

1. Previous convictions in judgment: Application of statutes, such as criminal records, investigation reports (verification during the period of suspension of execution of sentence), and list of related cases;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is an indecent act by force of the victim, and the criminal liability is grave, and the Defendant has not received a written indictment from the victim up to now, considering the fact that the Defendant is led to the crime, there is no criminal history of the same kind, and there is a relationship between the previous offense and the latter part of Article 37 of the Criminal Act, etc., the Defendant shall be sentenced to the

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders.

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