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(영문) 광주지방법원 2014.10.01 2014고단2625
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2014, at around 03:00, the Defendant committed an indecent act by force against the victim, i.e., the victim D (the age of 18), who was in the state of her failure to resist, to resist, at the sobrying c “C,” located in B 4th floor in Gwangju Mine-gu, Gwangju, by leakage in the lower part of the victim D (the age of 18), and the part of the victim’s bridge was about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) 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 the disclosure order 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, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant 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.

The reason for sentencing is that the defendant has the same type of criminal records.

The defendant reflects the crime of this case, and the victim's failure to recover from damage would not make efforts.

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