logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2015.12.23 2015고단1637
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

피고인은 2015. 1. 1. 02:00경 전남 무주군 C에 있는 ‘D’에서 D 종업원 등 7명과 함께 회식을 하면서 피해자 E(여, 20세)의 왼쪽 옆자리에 앉아 피고인의 오른쪽 팔을 피해자의 왼쪽 팔에 팔짱을 끼면서 피해자의 가슴부위를 2~3회 만지고, 자리에서 일어나는 피해자의 엉덩이 왼쪽 부위를 오른손으로 5~6회 두드려 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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 offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend, 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

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) is the mitigated area (one month to one year) (special mitigation), the penalty is not imposed (the decision of the sentence), and the defendant commits indecent act against the workplace rent at the place of the meeting.

arrow