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(영문) 광주지방법원 2015.11.18 2015고단3493

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 17, 2015, at around 20:30 on August 20, 2015, the Defendant added a line to the victim E (the 19-year old-old age), who used a part-time at the “D” restaurant located in Gwangju-gu, Nam-gu, Gwangju, by working on the part of the victim E (the 19-year-old age-), added the victim’s view by hand, made use of the victim’s shoulders through hand, and carried out a shoulder-out work. After doing so, the Defendant met the victim’s right side gate and added a tag once.

이에 피해자가 겁을 먹고 뒷걸음질 치자 갑자기 손으로 피해자의 옆구리를 3회 ‘콕콕’ 찔러 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

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

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Fine of 2,00,000 won under the suspended sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (the period by which gold 100,000 won is converted into one day);

1. Where a judgment of conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (where the degree of indecent act is insignificant and the victim does not want the punishment of the defendant, taking into account favorable circumstances, such as the fact that the defendant commits a mistake and has no same kind of criminal record), the registration of personal information and the fact that the sex crime subject to registration is subject to registration, 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,

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age and occupation exempted from an disclosure order or notification order, records, details and motive of the crime, method and consequence of the crime, the disclosure order or notification order, to the extent that the Defendant was disadvantaged by the disclosure order or notification order.