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(영문) 광주지방법원 2015.07.17 2015고단501

강제추행등

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 October 21, 2014, at least 21:20, the Defendant: (a) reported the Victim F (F) who danced by drinking and singing sound (the age of 69) before the D Bank located in the Dong-gu Seoul Special Metropolitan City, and led the Victim to dance with the Victim; (b) committed an indecent act by the Victim by forcing the Victim to take away his hand while refusing it; and (c) by making the Victim’s hand on one hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement concerning F;

1. The investigation report in the course of G production [In light of the above evidence, the defendant can be found to have committed an indecent act by force by using the victim F's sound mind, and no other circumstance exists to suspect the credibility of the victim's statement of damage] shall be applied to the law.

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

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under 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 under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are deemed to have special circumstances where personal information is not disclosed or notified in full view of the Defendant’s age and occupation, history of the crime, content and motive of the crime, method and consequence of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the prevention of sexual crimes subject to registration, the effect of protecting the victims, etc.