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(영문) 광주지방법원 목포지원 2017.11.24 2017고단772

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

around 22:00 on May 5, 2017, the Defendant: (a) boarded in the E-high bus moving from Gwangju Seo-gu to c, Gwangju-gu, and moved to the fright side of the victim F (the age of 18), and (b) when the bus moved to Gwangju-type Highway, the Defendant committed an indecent act against the victim on his/her own with his/her hand, and committed an indecent act on the part of the victim by force.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. G statements;

1. Application of Acts and subordinate statutes to the photograph of the case subject to compulsory indecent act, the copy of the video recorded by F related to the case subject to compulsory indecent act, one CD copy, the handling of the case subject to 112 reporting, and the internal report (related to the statement of important witness in this case);

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 the crime of this case.