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(영문) 광주지방법원 2020.02.12 2019고단3031
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a person living together with C in the case other than the case after the university of the victim B (the family name, the age of 23).

On June 2, 2019, the Defendant, at around 04:00, committed an indecent act by force against the victim, on the following grounds: (a) by drinking alcohol along with the victim’s second floor in Gwangju-gu D2; (b) drinking alcohol to the victim’s left hand; (c) drinking and drinking in front of the victim’s clothes; (d) the victim refused to do so; and (e) the victim was able to stop and stop in his hand; and (e) the victim forced the victim to stop by inserting left hand into the upper part; and (e) cutting the chest and drinking part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Application of three-thirds of the suspect who has submitted the victim and the content of conversation;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The sentencing of the crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, shall be determined as the sentence as per Disposition, comprehensively taking into account various sentencing conditions specified in the records and arguments, such as the nature of the crime of this case, degree of damage and whether to recover therefrom, criminal records, age, environment

Where a conviction on a crime in which personal information is to be registered and submitted becomes final and conclusive, the defendant 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 information to the competent agency pursuant to Article 43

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Child and Juvenile Sex Protection.

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