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(영문) 광주지방법원 2018.05.09 2018고단602
준강제추행
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 January 4, 2018, at around 04:00, the Defendant committed an indecent act against the victim, such as drinking alcohol at the Defendant’s dwelling room located in Gwangju North-gu, Gwangju-gu, and drinking alcohol after drinking after drinking the victim C (n, 25 years of age). The Defendant: (a) laid off the victim’s clothes on the part of the victim; (b) laid off the victim’s chest into the inner part; and (c) cut the victim’s chest into the inner part; and (d) cut down the victim’s lower part of his chest; and (c) committed an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - favorable circumstances: The defendant's mistake is recognized; the defendant has no record of being punished by a fine once a crime of another type; the defendant has no record of being punished; unfavorable circumstances: 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, in cases where his/her conviction against the defendant is finalized on the crime of which he/she has failed to agree with the victim; and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same

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 and expected side effects that the Defendant may suffer due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the disclosure of personal information may not be notified 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, etc. of Children against Sexual Abuse.

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