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(영문) 광주지방법원 2014.11.28 2014고단3930

강제추행

Text

A defendant shall be punished by imprisonment 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

In light of the above, the Defendant, on September 18, 2014, 18:00, reported the victim D (inn, 45 years of age) who entered into an drunk apartment from the corridor of the first floor of the 115-dong, Gwangju Mine-gu, about September 115, 201, and laid off the victim, she was humping the victim, and she was 15-dong (15-dong) of the above apartment **** (the victim’s house), and her hand was fumped to the victim, and her hand was fumped to the victim, thereby committing an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

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 to be exempted from the disclosure order or notification order, records of the crime, contents 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 and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The scope of recommendations: Imprisonment with labor for a sex crime from one month to one year, the crime of indecent act by compulsion (subject to the age of 13 or more), the first type, and the first type of indecent act by compulsion.