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(영문) 대구지방법원 2018.03.16 2017고합386
준강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

"2017 Gohap 386"

1. On June 23, 2017, the lower court found that the Defendant and the claimant for the order to observe the protection order (hereinafter “Defendant”) found the victim E (the victim E (the age 20) in a soup room located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu) around 04:20 on June 23, 2017, and then found the part of the lower part, such as making soup by taking the victim’s bundry and making soup.

Accordingly, the defendant committed an indecent act by force by using the victim's mental or physical loss, or the victim's impossibility of resistance.

"2018 Gohap 61"

2. On October 17, 2013, the Defendant was sentenced to a suspended sentence of six months and became subject to registration of personal information on the 25th day of the same month due to a forced indecent act committed by the Daegu District Court on the grounds of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Observance of Secrecy, etc.).

(a) Where basic personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of such change to the head of the competent police agency within 20 days from the date the reason and details of such change occur;

Although the Defendant changed the actual place of residence from Daegu Dong-gu F to 101 on November 2017, the Defendant did not submit the changed information to the head of the competent police office within 20 days without justifiable grounds.

(b) Where a person subject to registration of personal information submits basic personal information, he/she shall have the head of a police office present at the police office having jurisdiction over his/her domicile from the following year to December 31 of each year to store and keep in electronic form a photograph of his/her own permanent address, left-hand side, right-hand side, and telegraphic photo.

Nevertheless, the defendant did not appear at the police office of the competent police without justifiable grounds until December 31, 2017, which is the registration period.

Summary of Evidence

"2017 Gohap 386"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. H’s written statement “2018 Gohap 61;

1. Statement by the defendant in court;

1. The investigation report (a copy of the letter submitted for modification of personal information) shall be accompanied; and

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