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(영문) 대구지방법원 서부지원 2015.05.21 2014고단1851
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was aware of the fact that he was using an online PC game called the victim C(n, 23 years of age) and Spanish social game.

피고인은 2014. 8. 25. 05:00경 대구 달서구 D 303호에 있는 피해자의 집에서, 잠들어 있는 피해자의 티셔츠 아래쪽에 왼손을 넣고 쓰다듬듯이 위로 올려 브래지어 안쪽까지 손을 집어넣은 후 피해자의 오른쪽 젖꼭지를 만지는 등 추행하였다.

Summary of Evidence

1. C’s legal statement;

1. The application of each prosecutor’s statement of witness C to the prosecution [the defendant and his defense counsel denies the fact of indecent act by compulsion, but according to the consistent statement from the police of the witness C to this court, criminal facts in its holding are acknowledged] law

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed or notified in accordance with 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.

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