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(영문) 광주지방법원 2014.12.10 2014고단3802

강제추행

Text

A defendant shall be punished by imprisonment for six 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

The defendant is between the victim B (n, 23 years of age) and the friendship.

Around 04:00 on May 13, 2014, the Defendant, along with the friendly C of the victim and the victim, went to sleep with the victim and the above C at the studio of the above C in Gwangju-gu D and 203.

From 04:30 to 05:00 on the same day, the Defendant: (a) met the hands and arms of the victim who was divingd in the bed; (b) kidd against the victim’s damages; (c) continuously kid against the victim’s damages; and (d) kid against the victim’s left hand, the Defendant tried to kn up the Defendant’s sexual organ with the Defendant’s left hand of the victim’s right hand without any gap of resistance; and (b) intending to get the kid against the victim’s breath and down the bed against the victim’s hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 298 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

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

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 to the head of a competent police agency

In light of the Defendant’s age, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., it is determined that there are special circumstances where the personal information may not be disclosed or notified. Thus, the punishment of sexual crimes, etc.