logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.08.14 2019고단1283
준강제추행
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

Around 04:00 on March 3, 2019, the Defendant committed an indecent act against the victim by taking advantage of the victim’s condition that the victim D (the 19 years of age) was unable to resist due to diving and taking advantage of the victim’s condition that he was unable to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of F message statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. In light of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the punishment of the instant indecent act on the grounds of sentencing is not somewhat weak, and the fact that the victim did not receive a written indictment until now, considering the favorable grounds for sentencing, such as the confession of the Defendant, the fact that the Defendant has no record of criminal punishment, etc., the sentence identical to the disposition is imposed on the Defendant, taking into account all other circumstances, including the Defendant’s age, the form of the crime, and the circumstances after the crime.

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities can be seen to have the effect of preventing re-offending even with an order to register personal information and undergo sexual assault treatment. Other disclosure orders

arrow