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(영문) 대구지방법원 포항지원 2020.05.20 2019고단1773
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On September 12, 2019, the Defendant: (a) around 07:12 on September 12, 2019, at the studio in Nam-gu, Nam-gu, B, the Defendant: (b) stated that the victim D (here, 20 years of age) who is an employee of the said main shop is seated next to the Defendant; (c) stated that the victim who intends to sit on the side of the Defendant “smilling or one stop,” and (d) committed an indecent act against the victim by force by deceiving the victim’s chest on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. The page on which a report on the occurrence of the suspected crime of indecent act by compulsion, a photograph by capturing CCTV images on the C main point, a card list, a CCTV to capture photographs for crime prevention, or a business owner's time is written;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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;

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Order to attend lectures, probation service,

1. The scope of punishment by law: One month to ten years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by force (the person under 13 years of age or older) [the first type] and the general indecent act by force [the scope of the recommended area and the recommended punishment] basic area, the term of imprisonment from six months to two years [the general person] [the grounds for suspension of execution] [the grounds for suspension of execution] - General illegal reasons: criminal records of suspended execution or more times;

3. The degree and circumstances leading to the determination of an indecent act in the sentence, agreement between the victim and the non-agreement, the attitude and degree of reflection, records of punishment, etc. of the accused who appears after the crime shall be taken into consideration;

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused 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 pursuant to Article 43

Disclosure and notification order and exemption from employment restriction order.

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