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(영문) 대구지방법원 서부지원 2018.09.20 2018고단187
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 December 20, 2016, around 02:00, the Defendant committed an indecent act by force against the victim by taking the victim’s chest in the same manner, even though the victim had been pusheded with himself/herself, at the amusement point operated by the victim D (at the age of 48) located in Daegu-gun, Daegu-gu, (at the age of 48).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D or E;

1. Application of each statute;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Articles 16(2) and 16(3) 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 the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, previous conviction and recidivism, benefits expected by an order for disclosure or notification or an employment restriction, disadvantages and side effects therefrom, etc.

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