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(영문) 대구지방법원 서부지원 2020.06.11 2020고합9
강제추행치상등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 50 years of age) are the first accident in Dnaart located in Daegu-gu C.

On December 16, 2019, at around 00:10, the Defendant 00:10, moved the victim's right hand hand over to the upper left hand of the victim who got the victim's hand over to the waer's hand. In addition, the Defendant got the victim's hand over to the lower left hand.

By doing so, the defendant committed an indecent act against the victim, thereby resulting in the victim's injury on the right hand and the father's 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to one medical certificate of injury, one part of the damaged part photograph, and one copy of the damaged part photograph;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. An order to disclose information, an order to notify, or an order to disclose an employment restriction: Exemption from such an order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49 (1) or the proviso to Article 50 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3 (1) of the Act on Welfare of Disabled Persons: The fact that the defendant has no record of punishment for sexual crimes; the fact that the defendant appears to prevent the recidivism of the defendant through the registration of personal information of the defendant against the defendant and attending lectures in treatment of sexual assault;

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