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(영문) 대구지방법원 2020.08.12 2019고단6529
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

The Defendant is a member of the “C” affiliated with Daegu Dong-gu, and the victim D (V, 21) is a volunteer.

At around 10:00 on September 11, 2019, the Defendant committed an indecent act against the victim by putting his/her own son and shoulder on the part of the victim at a park located in Daegu Seo-gu, Daegu, with his/her own son and son on the part of the victim, drawing his/her son and son on a canter with his/her son and her son on the part of the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports (as to recording records of the submission of victims), investigation reports (as to the recording of records of the submission of a victim), on the accused's partial statement of the accused in the police interrogation protocol, to the accused;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Suspension of Execution of the Criminal Act shall be considered as the grounds for sentencing unfavorable to the defendant, taking into account the fact that the defendant committed an indecent act by compulsion of the victim, with heavy criminal liability, multiple types of records of crimes, and no written indictment from the victim until now, and considering the fact that the defendant did not have the same criminal records, the fact that the defendant is a basic living recipient, etc. The defendant shall be considered as the grounds for sentencing favorable to the defendant’s age, circumstances leading to the crime, degree of indecent act

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

Articles 47(1) and 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, Article 49(1) proviso and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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