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(영문) 대구지방법원 2019.06.05 2018고단5703
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 November 22, 2018, at around 01:05, the Defendant discovered the victim C (here, 57 years of age) her being congested in front of Daegu-gu B, Daegu-gu, 2018, and tried to her to see the victim's sexual organ by her hand, and her knife the victim's sexual organ by her hand. The Defendant committed an indecent act by force by force by her knife the victim by her knife his knife knife knife knife knife knife knife knife knife k

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. 112Report settlement statement;

1. Application of Acts and subordinate statutes to report internal accidents (the confirmation of the CCTV images around and the closure thereof);

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. The sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is to be imposed on the defendant, taking into account the grounds for sentencing that the degree of indecent act by force in the instant case is not negligible, taking into account the fact that the defendant is led to an offense, has no criminal records of the same kind, and the victim has not want to be punished against the defendant by agreement with the victim (see, e.g., May 22, 2019).

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 Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction 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 will have the effect of preventing recidivism only by registering personal information and attending lectures for treatment of sexual assault.

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