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(영문) 광주지방법원 2013.10.16 2012고단6249
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

On July 8, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court. On April 30, 2012, the Defendant committed an indecent act against the victim D (n, 24 years of age) by taking advantage of the Defendant’s state of resistance to resisting the Defendant’s sexual organ against the victim’s fright in Crack or women’s waters located in Gwangju Mine-gu, Gwangju, on July 21, 2012.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The current status of persons who coincide with the results of the DNA comparison;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and search results of prisoners;

1. Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Articles 298 and 298 of the former Criminal Act; the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Where the conviction of the Defendant who has registered personal information of this case becomes final and conclusive under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012), 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 the Defendant is obligated to submit personal information to relevant agencies pursuant to Articles 5(1) and 43 of the Addenda (Act No. 1156, Dec. 18, 2012) of the said Act

However, since it is judged that there are no records of sexual crimes after the defendant was sentenced to imprisonment with prison labor for the crime of bodily injury resulting from rape in 193, and there are special circumstances that may not disclose personal information in light of the degree of damage caused by the crime in this case, the disclosure of registered information is not ordered.

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