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(영문) 광주지방법원 2014.05.21 2013고단6325

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2013, the Defendant: (a) around 10:30 on October 16, 2013, at a three-story meeting room of the Dental Protection Center located in Young-gun, Young-gu, Young-gun, the Defendant: (b) the victim E in the three-story meeting room; (c) the victim refused to do so; (d) the victim followed the out-of-the-face victim by a hand hand, and (d) the victim pusheded the victim into the wall, and forced the victim by force; and (d) the Defendant forced the victim into force.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel did not have any contact with the victim. However, according to the victim E's police statement, the fact that the defendant committed the same act as the defendant's judgment can be acknowledged. Thus, the above argument is without merit.

Application of Statutes

1. Article 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 disclosure 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 due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., it is determined that there are special circumstances where the personal information may not be disclosed or notified. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc