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(영문) 광주지방법원 2018.09.05 2018고단2418

강제추행

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 May 13, 2018, around 21:30 on the street in front of the Seo-gu Seoul apartment commercial building, the Defendant discovered that the victim D (n, 63 years of age) is located near the string machine, and that the victim is her her her her her her her her her her her her her her her her her her her her his her her her her her her her her her

“Indecent act committed an indecent act against the victim, such as deceiving the victim’s tboard with the victim’s knife at the victim’s loss.

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 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. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - favorable circumstances: The defendant acknowledges his/her mistake; the defendant has no record of punishment for the same kind of crime; unfavorable circumstances: the defendant reacts against the victim; the defendant does not agree with the victim; 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 where the conviction of the defendant against the criminal facts stated in the judgment that he/she did not agree with the victim; and the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

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 or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protection of victims, etc., the personal information shall not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.