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(영문) 대구지방법원 2020.10.28 2020고단2415
강제추행
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

On January 29, 2020, the Defendant, around 20:45, up to the subway C located in Daegu Jung-gu, Daegu-gu, and was going to the ground by using stairs, and committed an indecent act by force against the victim D (the 20-year old age), who used the same stairs. The Defendant called “a bruth bruth bom.”

Summary of Evidence

1. Application of the Acts and subordinate statutes on criminal defendant's legal statement D, each police statement in relation to E, the status of the use of automatic opening and printing machines for each of the 112 reported case processing table, and the application of each of the Acts and subordinate statutes on criminal investigation reports

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

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

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant under Article 62-2 of the Probation Criminal Act is a indecent act by force of the victim, and the criminal liability is grave, a large number of fines, the criminal records of suspended execution of imprisonment, as well as a minor’s constructive indecent act in 2006, in consideration of the fact that the crime of this case was committed again, despite the criminal records for which one year has been suspended and two years have been suspended due to the minor’s constructive indecent act, and the fact that the victim did not receive a letter of punishment until now, the crime of this case shall be considered as the grounds for sentencing that are favorable to the accused, such as the confession of the crime, the degree of indecent act by the accused, and the circumstances after the crime, etc.,

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

The punishment of sexual crimes exempt from disclosure orders, notification orders and employment restriction orders.

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