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(영문) 광주지방법원 2016.12.23 2016고단4279

강제추행

Text

A defendant shall be punished by imprisonment with prison labor 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 August 21, 2016, at around 22:15, the Defendant, while driving a road near the official parking lot in Gwangju-gu, Gwangju-gu, with the Defendant’s vehicle driving, had the victim C (n, 43 years of age) on board the steering boat to force indecent act by force. After stopping a vehicle, the Defendant got off the passenger vehicle behind the senior chair, forced the victim’s resistance, forced the victim’s chest by hand, and booms the victim’s chest with the victim’s body. The Defendant met the victim’s right chest and breath with the victim’s hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes that include statements made by police officers to victims;

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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime, benefits expected to be expected by an order of disclosure or notification, disadvantages and side effects, etc. of the Defendant’s exemption from an order of disclosure or notification, it is determined that there are special circumstances under which personal information shall not be disclosed or notified. Thus, the Defendant is not subject to an order of disclosure or notification 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, etc. of Children and