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(영문) 광주지방법원 해남지원 2017.12.07 2017고단328
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

피고인은 2017. 6. 5. 22:30 경 전 남 완도 군 D에 있는 E 2 호실에서 술값 문제로 업주인 피해자 F와 말다툼을 하던 중 테이블 위에 올려 둔 5만 원권 2 장을 챙기고 있던 피해자의 상의 안으로 오른 손을 집어넣어 피해자의 왼쪽 젖꼭지를 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

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

1. Where a conviction of the accused against the criminal facts stated in the judgment on the crime of sexual assault crime subject to the registration of personal information under Articles 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 the accused is obligated to submit personal information to a competent agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Reasons for sentencing

1. Application of the sentencing criteria [Scope of Recommendation] General Criteria (subject to 13 years or more) is the basic area (6 months or more to 2 years).

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