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(영문) 대구지방법원 김천지원 2021.01.13 2020고단1058
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2020, the Defendant discovered the victim C (the 33 years of age, the 33 years of age, and the 4 years of age) in the vicinity of the Dong-si B Hospital located in the Gu-si, Si around 22:40, and, depending on the victim, found the part of the part of the victim’s drinking in front of the Gu-si, Si-si, the part of the part of the victim’s drinking in the left hand was under the clothes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

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

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 suspended execution;

1. The effect of preventing recidivism of a sexual crime may be secured upon the registration of personal information of the accused exempted from an order to disclose or notify personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and an order to restrict employment;

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order, notification order, employment restriction order, etc., the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the crime, the prevention and effect of a sexual crime subject to registration that can be achieved, the effect of protecting the victim, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or the Defendant’s personal information may not be placed in a child-related institution, etc.,

Since it is determined, an order of disclosure, notification, and employment restriction order shall not be issued to the defendant.

On the grounds of sentencing, the mental impulse suffered by the victim who was sexually committed by the victim from his own criminal defendant was reasonable, and the defendant did not receive a letter from the victim.

However, the fact that the defendant is recognized to commit the crime of this case, the first offender who has no record of criminal punishment, and the age, sex, environment, and motive or circumstance of the crime of this case.

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