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(영문) 광주지방법원 2020.09.16 2020고단3220
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 19:00 on January 23, 2020, the Defendant: (a) sent the victim D (the 30 years of age) who is a workplace partner in Seo-gu, Seo-gu, Gwangju and drinking alcohol, and (b) taken the back seat of the victim’s frighted vehicle operated by an acting engineer, and rhumd the victim’s shoulder from the back seat of the vehicle in operation, and rhumd the chest, and led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Listening to the Eline Statement of Witnesses);

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

1. In full view of the following: (a) an order to disclose personal information and a notification order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Criminal Act; (b) the Defendant’s age, occupation, risk of recidivism; (c) the motive, method, seriousness of the instant crime; (d) an order to disclose information; (b) the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the order to disclose information; and (e) the effect of preventing sexual crimes that may be achieved due to such order; (b) the disclosure of personal information and the notification order under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (c) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; and (d) the disclosure of personal information of children and juveniles-related institutions or special circumstances against the disabled persons;

Where a conviction becomes final and conclusive with respect to the instant crime involving 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 such person shall be subject to registration.

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