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(영문) 광주지방법원 2016.07.22 2016고단1918
준강제추행
Text

1. Defendant A shall be punished by a fine of 4,00,000 won, and Defendant B shall be punished by a fine of 3,000,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

On April 5, 2016, at around 05:50, the Defendants: (a) had been divingd in the Jeju-gu North Jeju-si, Gwangju-si, by reporting the victim E (25 years of age); (b) had access to the victim’s side; (c) Defendant B met the victim’s marith; and (d) Defendant A marks the victim’s sexual organ by hand.

Accordingly, the Defendants committed an indecent act against each victim by using the state of resistance impossibility.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. The Defendants: Articles 299 and 298 of the Criminal Act and the selection of fines for the crime

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants ordered to complete a program: Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants exempted from the disclosure order and notification order: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants reflects the Defendants’ wrong recognition of their misconduct; the Defendants’ age, family environment and social relationship; records of the crime; the details and motive of the crime; the method and consequence of the crime; the degree of disadvantage and anticipated side effects of the Defendants’ entry due to the disclosure order or notification order; the preventive effect and effect of the sexual crime subject to registration; and the effect of the protection of the victims thereof, there are special circumstances under which the disclosure or notification of personal information may not be disclosed or notified.

As such, the Defendants are not subject to an order of disclosure or notification.

The reasons for sentencing include the following circumstances and degree of conduct, the background leading up to the indecent act, the age of the Defendants, sexual conduct, environment, family relationship, and crime.

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