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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1766
강제추행
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 June 26, 2018, at around 21:00, the Defendant: (a) reported the victim D (the name, the 30th, and the 30th) who is under his/her care in the old-gun C, and committed an indecent act on the part of the victim by forcing the victim to commit an indecent act; (b) committed an indecent act on the part of the victim by putting the victim's shoulder with his/her fingers, and putting the other hand in a space between the victim's fingers; and (c) forcibly putting the victim's chest on the part of the victim's chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures are interviewed and strong, the Defendant did not agree, the Defendant did not have any previous conviction, the Defendant’s reflects the fact that he suffers from early illness, the Defendant’s age, sex, sex, family relationship, environment, circumstances and result of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered is determined as above.

Where a conviction of a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 (1) of the same Act.

The personal information is personal information in light of the defendant's age, occupation, family environment, social relationship, criminal record, risk of recidivism, benefits and effects expected by the disclosure order or notification order or the employment restriction order, disadvantage and side effects resulting therefrom, etc.

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