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(영문) 광주지방법원 순천지원 2013.05.03 2013고단111
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2012. 8. 2. 오전경 전남 구례군 E에 있는 F 탑전에서 피해자 G(여, 26세)에게 건강을 진단하여 준다면서 바닥에 눕도록 한 후 “가슴이 봉긋하구나, 가슴에 뭘 넣었느냐”라고 말하고 가슴 부위를 쳐다보아 이에 수치심을 느낀 피해자가 그 자리를 피하려고 하자 피해자의 손목을 잡고 가슴 부위를 움켜쥐어 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act (the first crime and the elderly's consideration);

1. Where a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes is finalized, the Defendant is a person subject to registration of personal information pursuant to Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency

In full view of all circumstances, such as the circumstances favorable to the reasons for not issuing an order to disclose or notify information, and the fact that it is difficult to readily conclude that the defendant has no record of sex offense and that the defendant is in danger of re-offending due to lack of risk, and the concurrent imposition of an order to attend lectures aimed at improving his/her character and conduct, it is determined that there are special circumstances where the disclosure of personal information on the defendant is prohibited. Thus, disclosure and notification of personal information on the defendant's registration pursuant to the proviso of Article 37 (1) and the proviso

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