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(영문) 광주지방법원 2019.10.16 2019고단2806

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

At around 03:05 on May 30, 2019, the Defendant discovered the victim D (name, woman, 19 years of age) who walked in the way of being mixed at the new wall time, tried to commit an indecent act against the female, followed approximately 1 Km of food, and kidd the female from the back to the end, and kidd the chest with his hand, and committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Order of Social Service: The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 62-2 of the Criminal Act; The defendant's primary charge is recognized; the defendant's primary charge is unfavorable: 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 ruling that he/she has failed to agree with the

In light of the Defendant’s age, occupation, risk of repeating a crime, content 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, the effect of protecting the victim, etc., of the Defendant exempted from the disclosure order or notification order of personal information, it is determined that there are special circumstances that need not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.