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(영문) 광주지방법원목포지원 2020.08.25 2019고단1511
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

Defendant and victim (n, 55 years old) are students in the first half of the middle school year B.

1. On November 19, 2019, the Defendant: (a) within the class of the first half of the third-year class class of B middle school located in Mapopopopo City on November 19, 2019; and (b) during the grouping of students, the Defendant heard the victim’s phrase “low-do one liquor tax” from the victim, “picking the victim’s her arm’s son,” and forced the victim to her son by force.

2. On November 22, 2019, at around 18:30, the Defendant: (a) moved to the victim’s right side while under the influence of alcohol to the victim’s seat; (b) moved to the victim’s right side while under the influence of alcohol; (c) led the victim’s hand to the victim’s face; and (d) led the victim’s face to the victim’s face; and (c) made indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of each law of police statements made to D

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on the criminal facts stated in the judgment on special cases concerning the punishment, etc. of sexual assault crimes becomes final and conclusive, 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 is obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered in light of the defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure notification order and employment restriction order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc.

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