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(영문) 대구지방법원 2020.01.22 2019고단4462
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a Grade 3 intellectual disability, a victim B (n, 22 years of age) and a death first viewed.

The Defendant, around 14:00 on May 18, 2019, passed ahead of the “D Administrative Welfare Center” located in Daegu Northern-gu C, Daegu Northern-gu, hereinafter referred to as the “D Administrative Welfare Center”) and turned back his hand to his front seat in the future, and turned back the victim’s right chest into his clothes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Other closure photographs of each CCTV image;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the following factors: (a) the Defendant committed an indecent act by force by the victim; (b) the Defendant’s confessions the Defendant; (c) the Defendant has no criminal record of the same kind of crime; (d) the Defendant is a class 3 disabled person with intellectual disability; and (e) the victim has not been punished against the Defendant by agreement with the victim ( December 11, 2019); and (c) the Defendant is sentenced to the same punishment as the order.

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, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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