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(영문) 광주지방법원해남지원 2020.09.17 2020고단188
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:30 on March 19, 2020, the Defendant, upon the request of the above B to request the victim C (here, 20 years of age) who is his/her father, to go to the E-stop stop located in the southnam-gun of the west-gun of the Republic of Korea, started with the said car after: (a) the Defendant: (b) the Defendant: (c) the Defendant: (d) the Defendant was carrying the victim on the top of the instant stop; (d) the Defendant arrived at the said E-stop stop; (b) the bus he/she intended to get the victim to get out of the car; and (c) the victim called “I would get the victim to get out of the car”; and (d) the Defendant called the victim “I will get out

On the same day, at around 20:47, the Defendant started from the stopping place and led to a booming seat, and committed an indecent act by force against the victim three times repeatedly, by using the victim’s buckbucks. The Defendant 20:47 on the same day, the Defendant 1’s hand carried the victim’s left hand by hand, and the victim attempted to deduct his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Special circumstances that may not disclose or notify personal information in light of the following: (a) the Defendant’s age, occupation, risk of recidivism; (b) the type and motive of the instant crime; (c) the process of the instant crime; (d) the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; (e) the prevention of the sex offense subject to registration that may be achieved; and (e) the effect of protecting the victims, etc., of the exemption from disclosure or notification order.

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