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(영문) 대구지방법원 김천지원 2016.07.13 2016고단351
강제추행
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 January 7, 2016, the Defendant discovered the Victim D (M. 26) in front of the “C” restaurant located in the Gu, Si, Si, Gu, Si, and Gu, Si, Si, E, and Gu, Si, E, and Gu, E, to inform the victim of the phone number in front of the victim’s residence by entering the victim’s room and leaving the victim’s room, and “a request made only one hand,” and “a request made only one hand,” and “a request made only one hand,” and tried to keep the victim’s seat.

Accordingly, the defendant committed an indecent act by force against the victim's body that could cause a sense of sexual shame against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV Acts and subordinate statutes;

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

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

1. Where a judgment to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Thus, the defendant is judged.

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