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(영문) 광주지방법원 해남지원 2018.06.07 2018고단113
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 17, 2018, around 02:45, the Defendant: (a) reported the Victim F (32 Does) who was divingd in the “Eeling Dorogate” room located in Jindo-gun D, Jindo-gun on February 17, 2018; and (b) made the Victim F (32 Does) to sit in next panty, to put the Victim’s sexual organ into the panty, and the Victim’s sexual organ was prompt.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each report on investigation;

1. Application of the Acts and subordinate statutes concerning photographs and CCTV filmings by capturing CCTVs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (this system does not have any record of punishment for sexual assault crimes, and thus, there is a risk of recidivism or recidivism of sexual assault as the defendant has no record of being punished for sexual assault crimes;

It is difficult to readily conclude this case, only with the registration of personal information and participation in the lecture of sexual assault treatment can have the effect to prevent recidivism by the defendant to a certain extent.

In full view of the Defendant’s age, sexual conduct, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure or notification order, and comparison of disadvantages and side effects resulting therefrom, there are special circumstances where disclosure of personal information should not be disclosed to the Defendant.

If a conviction on a crime under Article 42(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is under jurisdiction pursuant to Article 43 of the same Act.

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