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(영문) 광주지방법원 2014.11.28 2014고단4046
준강제추행
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

1. Around 01:00 on February 9, 2014, the Defendant committed an indecent act against the victim, such as: (a) the victim F (mam and 16 years of age) takes a cresh in another victim’s face by taking the cresh behind the other victim’s cresh; (b) the victim’s brush in his/her face; (c) the victim’s brush; and (d) the victim’s brush.

2. On September 27, 2014, at around 00:05, the Defendant committed an indecent act by the victim G (son and 16 years of age) in the above E-Sale or the surface of the water room by enjoying cresh in the side of another victim’s sexual organ by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and F

1. Articles 299 and 298 of the Criminal Act concerning the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the head of a competent police agency

In light of the Defendant’s age to be exempted from disclosure or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention and effect of sexual crimes subject to registration that may be achieved therefrom, protection effect of the victim, etc., the Defendant shall not disclose or notify personal information 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.

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