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(영문) 광주지방법원 목포지원 2017.12.08 2017고단711

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

On December 7, 2016, around 07:45, the Defendant committed an indecent act on the part of the victim E (V, 48 years old) who was out of the 2nd floor research and evaluation room of D High School in Mapopo-si C on December 7, 2016, with the victim E (M, 48 years old).

In addition, the Defendant committed an indecent act by force on five occasions from December 1, 2016 to December 8, 2016, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the photographs, apologys, and copies of notes related to the case against which a forced indecent act is committed, and the photographs related to the case against which a forced indecent act is committed;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. There are special circumstances under which personal information may not be disclosed, in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect on the protection of victims, etc.

If a conviction is finalized on the instant criminal facts, the Defendant who registered personal information constitutes 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. Therefore, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.