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(영문) 대구지방법원 2019.08.14 2019고단1914
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who runs the main point and becomes aware of each other when the victim B (n, 27 years of age) works as an employee from the main point of the defendant's operation.

On September 15, 2016, the Defendant, at the main point of the Defendant’s operation “D” located in Daegu Suwon-gu, as well as the victim on drinking alcohol, and on September 16, 2016, she placed the victim in a Daegu Mamo-gu Emo-gu, Emo-gu, who was in a state of mental disorder due to the non-fluence of new walls, on the part of the victim, placed the victim on the bed, and cut off his clothes, and cut the victim’s conspiracy with him.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on internal investigation (video images and pictures, stenographic records attached to the victim B);

1. Investigation report (Attachment to F dialogues exchanged between a suspect and the victim);

1. Investigation report (Attachment of contents written by a victim to G);

1. Application of Acts and subordinate statutes to deportations (written opinions of experts in sexual assault against persons with disabilities);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Considering that the sentencing grounds under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant has a large number of criminal records against the Defendant, the degree of the instant quasi-indecent act by force is grave, etc., the Defendant is led to the confession of the offense, the Defendant has no record of the same kind of crime, and the victim has not been punished against the Defendant by agreement with the victim ( July 18, 2019), etc., the sentence identical to the order shall be sentenced to the Defendant.

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

An order of disclosure;

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