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(영문) 광주지방법원 순천지원 2018.11.02 2018고단1712
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to seven years of imprisonment by the Gwangju District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape, etc.) and is currently serving in the current net prison.

On April 19, 2018, the Defendant, while taking a bath like the victim C at the net 2 bath in W-to-face in the W-to-face in the W-to-face in the W-to-face in the W-to-face in the W-to-face in W-to-face 790, the Defendant reported that the victim’s sexual intercourse was so-called the victim’s sexual intercourse with the victim’s sexual organ, and committed an indecent act by extending the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. References to inquiries, such as criminal history, and application of the statutes on personal accommodation;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. A punishment is determined as ordered by comprehensively taking into account the following circumstances: (a) the offender’s age, sexual conduct, family relationship, environment, circumstance and consequence of the crime; (b) the Defendant’s age, sexual intercourse; (c) family relationship; (d) background and consequence of the crime; and (e) the circumstances indicated in the pleadings of the instant case, such as the circumstances after the crime, etc., while serving a prison life for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

Where a conviction of a crime in the judgment against a defendant who shall file for the registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the head of the competent police office pursuant to

Since the defendant exempted from disclosure or notification order is disclosing and notifying personal information for a long time due to the previous crime, punishment of sexual crimes, etc.

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