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(영문) 광주지방법원 2014.07.11 2014고합227
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

Defendant

In addition, on March 9, 2014, the person against whom the attachment order was requested (hereinafter referred to as the "defendants") committed an indecent act against the victim E (the age of 26) by taking the brying bridge of the victim E (the age of 26) who locked in the "Drupbry" located in Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Application of Acts and subordinate statutes that include statements made to E by the assistant judicial police officer, which fit for such statement;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same

On April 2, 2004, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) by the Seoul Western District Court on April 2, 2004; on September 7, 2006, in the same court on September 2, 2006, to a suspended sentence of six months; and on March 8, 2013, the same court was sentenced to a fine of KRW 7 million for a crime of indecent act by compulsion.

[Determination of Punishment] A type of indecent act by force (general person who is not less than 13 years of age): A type of mitigation element (special person): A case where the exercise of force is considerably weak, the degree of indecent act is weak (general person who is less than 13 years of age).

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