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(영문) 대구지방법원 포항지원 2018.05.17 2018고단27
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was a victim B (n, 38 years of age) and a person who was in a patriotic relationship.

On December 17, 2017, 18:00, the Defendant found the victim’s residence in North-gu C Apartment-gu, North-si, North-si, North Korea-si, North Korea-si.

By the police officer called the victim's 112 report, the victim was forced to commit an indecent act by making the victim arbitly, after making the victim's 112 report, the victim was coming out of the house and coming out of the house, and the victim was followed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the ruling that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under 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 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and consequence of a crime, seriousness of a crime, anticipated side effects and expected side effects that the Defendant may suffer due to an order of disclosure or notification, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

The decision is judged.

Therefore, the defendant is not sentenced to disclosure order or notification order.

1. Reasons for sentencing.

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