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(영문) 광주지방법원 2015.11.25 2015고단3666
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for three 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

On August 21, 2015, at around 01:55, the Defendant: (a) placed a vehicle parked on the street in front of Gwangju Northern-gu E, Gwangju, in order to return home after completing business in a nearby store; (b) placed the victim’s left side of the vehicle on the street in front of the victim F (at the age of 51) in order to open the door of the vehicle parked on the street; (c) placed the victim’s left side of the vehicle in front of the buckbuckbuck, into the upper left side of the buckbuck, left chest of the victim into the canter.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obligated to submit personal

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention of sexual assault crimes subject to registration, effect on the protection of the victim, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] the general standard of indecent act by compulsion (the target of 13 years of age or over).

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