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(영문) 광주지방법원 2014.10.01 2014고단2184

준강제추행

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2014, at around 04:45, the Defendant discovered the victim E (at the age of 18) who was divingd within the second floor of the soup Doesae 2nd floor located in Gwangju Northern-gu, Gwangju, and found the victim knee and knee next to the victim, and then knee and knee up the victim's knee and knee, kn up the chest, kn up the chest by hand, and kn up the chest by hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement by prosecution to F and E;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused 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 the accused is obligated to submit personal information to the head of a competent police agency

In light of the Defendant’s age to be exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The scope of recommendations on the sentencing guidelines for the criminal facts with the reasons for sentencing shall be six months and two years, respectively.