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(영문) 광주지방법원 2015.03.11 2015고단193
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

The defendant is the first five-year accommodation of the victim B(n, 31 years of age).

On October 6, 2014, at around 21:45, the Defendant, along with the victim, drinked her only in the restaurant called “D” near the department store in Gwangju-gu, Gwangju-gu, and then, around 23:00 on the same day, the Defendant, who was in the above restaurant, was going to divide her talk with a Furter in Gwangju-gu E, a lodging room where the Defendant was in his/her possession, and became 502, along with the victim.

The Defendant: (a) heard the victim’s speech that he would go to house from the victim; and (b) told the victim that he would go to the bet to the bet; (c) sited on the bet of the victim; (d) brought the victim’s neck and body at the bet of the victim’s seat; and (e) made the victim’s attacked by drawing the victim’s neck and body at the bet of the victim’s entrance, thereby committing an indecent act by coercioning the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 298 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 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

The personal information shall not be disclosed or notified in comprehensive consideration of the relationship between the defendant and the victim exempted from the disclosure or notification order, the age of the defendant, records of the crime, the details and motive of the crime, the method and consequence of the crime, the extent and expected side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration to be achieved therefrom, the effect of protecting the victims, etc.

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