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(영문) 광주지방법원 2020.04.17 2019고단5395

강제추행

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 20, 2019, at around 10:30, the Defendant, at his own restaurant operated in Gwangju-gu, Gwangju-gu, the Defendant: (a) kidddddd the victim D (name, leisure, 18 years of age) who is an employee; (b) continued to know the victim in the subsequent restaurant, and (c) kidd the victim into the victim’s inner part; (d) kid the son and the chest; (e) Had the son’s son’s son’s son’s son’s son’s son, and (e)

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso to Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49 (1) and proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The exemption from the employment restriction order is due to the age and social relation of the defendant, records of the crime, the contents and motive of the crime, the method and consequence of the crime, the risk of recidivism, and the employment restriction order.