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(영문) 대구지방법원 2019.06.12 2019고단1281
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 23, 2018, the Defendant passed a C pharmacy in Daegu Dong-gu B around 22:34 on December 23, 2018, the Defendant rheepd the victim’s left hand by sitting in the back seat of the victim E (at the age of 18) who is seated and sitting in the back seat, and raids the victim’s left part and side gate.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of prosecutorial statement concerning E;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) around 2012, despite the fact that the Defendant was punished by a fine on April 16, 2018, it shall be considered as the reason for sentencing unfavorable to the fact that the Defendant again committed the instant crime of the same kind, taking into account the fact that the degree of the instant indecent act is relatively less severe than that of the instant indecent act, and the Defendant shall be sentenced to the same punishment as the disposition, taking into account the factors favorable to the sentencing.

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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 of Children and Juveniles against Sexual Abuse, and the details of the instant crimes.

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