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(영문) 광주지방법원 2021.01.28 2020고단2677

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person of Russian nationality who resides in G1 status as a person of G1 status.

At around 01:00 on May 17, 2020, the Defendant: (a) asked the victim D (n, 22 years of age) who is stronger and booked in the family of Gwangju-si, Gwangju-si, to “Eel”; (b) made twice the victim’s hand, etc.; and (c) made two times the victim’s hand knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (including particulars of taking over a flagrant offender);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. In full view of the circumstances such as the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant may not impose an order to complete a program or to attend a lecture on the defendant, in extenuating circumstances where it is difficult to expect the effect of preventing re-offending by an order to attend a lecture due to the lack of smooth communication

In light of the reasons for sentencing and the circumstances leading up to the crime, etc., unfavorable circumstances such as the fact that the crime is not good, the defendant shows the appearance that the investigation agency reflects the mistake, the degree of indecent act in favor of the defendant, such as the fact that the defendant has no record of punishment in the Republic of Korea, and other favorable circumstances such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, etc., the punishment is determined as ordered by the above Article 51 of the Criminal Act.

subject to registration of personal information, which shall be registered.