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(영문) 대구지방법원 2014.01.16 2013고단6498
강제추행
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

On October 23, 2013, at around 15:00, the Defendant visited the Defendant’s residence due to water purifier management business at around 15:00 and around 505, and met the victim’s right chest with only one hand after the victim C (n, 48 years of age) who was under water purifier inspection.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Suspension of execution (the fact that there is no criminal record exceeding the punishment or fine imposed on the defendant for the same crime, the fact that the defendant led to the confession of and his mistake in committing the crime and does not repeat again, the fact that he agreed with the victim, and other factors such as the age, inclination, etc. of the defendant) Article 62 (1) of the Criminal Act;

1. Where a conviction on the instant crime subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant’s entrance, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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