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(영문) 광주지방법원 2017.01.13 2016고단4771
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 27, 2016, around 01:10, the Defendant: (a) discovered the victim E (here, 22 years old) who was walking in the vicinity of the D apartment settlement of the Gwangju Mine-gu; (b) committed an indecent act by force; and (c) took the victim’s net hand in a manner that crosses the victim with the victim.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police are recorded against victims;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.

It is very poor that the method and contents of sentencing are considerably poor.

Considering the time of the crime and the situation at the time, the victim was highly shocked.

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