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(영문) 광주지방법원 순천지원 2015.10.30 2015고단1074
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 February 28, 2015, around 23:45, the Defendant: (a) reported the victim D (20 years of age) entering a toilet at the entrance of the toilet of the “Cju-si,” and expressed that the victim’s body coming from the toilet would face with the body of the Defendant; and (b) continued to engage in an indecent act against the female by her her son on his her hand by following his her son.

Summary of Evidence

1. Defendant's legal statement;

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

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 the 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 or one year) (special mitigation person) (the decision of sentence).

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