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(영문) 광주지방법원 순천지원 2018.10.05 2018고단1392

준강제추행

Text

A defendant shall be punished by imprisonment for six 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

On April 1, 2018, at around 03:35, the Defendant committed an indecent act by force against the victim, who was physically and mentally deprived, such as taking the victim D(the 22-year old age), who was locked, by drinking the victim’s chest, taking the victim’s finger with his hand, and putting the victim’s fingers in a knife with the victim’s knife, and taking the knife with the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of the same type of imprisonment or imprisonment without prison labor or heavier punishment);

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person attending a course of education on the grounds that the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the head of a related agency

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of the sex offense subject to registration that may be achieved therefrom, effect on the protection of the victim, possibility of preventing recidivism, etc., there are special circumstances in which the disclosure of personal information is prohibited or the order of employment restriction is prohibited in child-related institutions, etc.

As a result, an order to disclose or notify the defendant, or an order to restrict employment is not issued pursuant to 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.