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(영문) 광주지방법원 2020.08.12 2020고단615

강제추행

Text

The punishment of the accused shall be determined by six 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

At around 15:00 on August 7, 2019, the Defendant: (a) committed indecent act by force against the victim in a manner subsequent to the water clinic victim D (the victim D (the age of 23) in the above convalescent hospital, which arranged the documents in front of the book inside the water clinic outside of the water clinic of the third floor of the C Hospital located in Yong-gun, Youngnam-gun; (b) in which the victim’s right side is her hand at least three seconds after fasting her mack with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, and F

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

1. In light of the following: (a) an order to disclose or notify personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) the Defendant’s age, occupation; (c) the risk of recidivism; (d) the motive and method of committing the instant crime; (c) seriousness of the crime; (d) the disclosure order; (e) the disclosure order; and (e) the anticipated side effects and anticipated side effects of the Defendant’s entry; and (e) the prevention effect of sexual crimes that may be achieved therefrom; and (e) the Defendant shall not disclose or notify personal information or be subject to the employment restriction order; and (e) such special circumstances are deemed to exist; (b) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (c) the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16226, Nov. 26, 26, 2019);

Where a conviction becomes final and conclusive on the crime of this case to be registered and submitted with personal information, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.