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(영문) 광주지방법원 2018.05.30 2018고단1085

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2018, at around 05:20, the Defendant: (a) completed food and members of “E”, which are members of “D” restaurant in Gwangju Northern-gu, through Internet small conference, and (b) committed an indecent act by force against the victim F (the age of 35), who is members of the same group, after having got off the cryp of the victim’s knife, after having got off the knife, the knife of the victim’s knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes - favorable circumstances: Where the defendant acknowledges his/her mistake, the defendant is the primary offender, and the judgment of conviction against the defendant on the criminal facts stated in the judgment that he/she should register and submit personal information is not agreed with the victim, the defendant 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 defendant is obligated to submit personal information to a related agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protection of victims, etc., personal information is personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.