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(영문) 광주지방법원 목포지원 2017.10.13 2017고단721

강제추행

Text

A defendant shall be punished by imprisonment for four 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 April 7, 2017, around 12:58, the Defendant committed an indecent act against the victim by drinking the victim F (n, 49 years of age) in front of the E passenger waiting room located in Newanan-Gun D, with the victim’s knife knife with his knife knife, and committing an indecent act on the victim’s knife knife twice with the victim’s knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each CD-1 statute to a copy of field CCTV images related to the case subject to forced indecent conduct;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. There are special circumstances under which personal information may not be disclosed, in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect on the protection of victims, etc.

(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The reason for sentencing is that the victim suffers from considerable mental impulse and pain due to the crime of this case, while the defendant acknowledges and reflects the crime of this case, it is a contingent crime, and it is the victim during the trial of this case.