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(영문) 광주지방법원 2020.10.07 2020고단3609
강제추행
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:00 on November 22, 2019, the Defendant committed indecent acts by force against the victim, i.e., the victim’s bucks and knee knee knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. In light of the following: (a) an order to disclose or notify personal information of the accused under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) the age, occupation, risk of recidivism; (c) the motive, method, seriousness of the crime in the instant case; (d) the disclosure order; (b) the disclosure order; and (c) the anticipated side effects and anticipated side effects of the accused’s entry; and (d) the prevention and effect of sexual crimes that may be achieved therefrom, it is determined that there are special circumstances that may not disclose or notify the accused’s personal information pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

Where a conviction becomes final and conclusive on the crime of the instant crime committed in the course of the registration of personal information, the Defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to ten years;

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