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(영문) 광주지방법원 2018.09.19 2018고단2946
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 June 6, 2018, at around 05:00 to 06:30, the Defendant, while drinking alcohol together with the victim F (n, 33 years of age), committed an indecent act by force on the part of the victim, such as the victim’s head, shoulder, arms, chest, chest, and side gate, as described below.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of the statutes of the response request for appraisal;

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

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

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of recommendations in the sentencing guidelines] - Type 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on Special Cases concerning the Punishment, etc. of Sexual Crimes") (hereinafter referred to as the "Act on Special Cases concerning the Punishment, etc. of Sexual Crimes") - There is no basic area (6 months to 2 years or more), and no person who is in charge of special sentencing: - There is no favorable circumstance: the defendant acknowledges his/her mistake; the defendant is the initial offender; 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; if a conviction against the defendant becomes final and conclusive, the defendant is obligated to submit personal information to a related agency pursuant

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full consideration of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that could be achieved therefrom, and the effect of the protection of the victim, etc.

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