beta
(영문) 광주지방법원 해남지원 2014.12.10 2014고단305

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

At around 03:00 on June 19, 2014, the Defendant, while drinking alcohol in the 'D' house located in the Namnam-gun, Namnam-gun, having the victim E (hereinafter referred to as 36 years of age) who operates the above 'D' house take a bath at one hand, and let the victim sit back the victim's shoulder at one hand, and has the victim do so, and has the victim saw the victim's resistance : “I am dead without being seated. I am dead. I am dead. I am the victim’s chest at two times with a two hand, put the victim's chest on the part of the victim's sound, and commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

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

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

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 disclosure 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, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., it is determined that there are special circumstances that the disclosure or notification of personal information shall not be disclosed or notified. Thus, in accordance with 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