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(영문) 광주지방법원 순천지원 2015.11.27 2015고단1290
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On April 21, 2015, at around 18:31, the Defendant: (a) discovered the victim C (the age of 23) who was aboard the urban bus No. B 71 prior to the instant bus, prior to the instant bus located in Suncheon-si, and caused any desire to get the passengers seated next to the said female; (b) committed an indecent act by force against the female by force, on the one hand, while the Defendant was aboard the said urban bus at around 18:35 on the same day, while the Defendant was driving the said urban bus at around 18:35,00, while he was boarding the said bus, the Defendant committed an indecent act by force on the female by force.

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;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 62-2 of the Criminal Act, and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 relevant agencies pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] general standards for the crime of indecent act by compulsion (subject to the age of 13 or more) is the mitigated area (one month to one year) (special mitigation).

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