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(영문) 광주지방법원 2017.09.01 2017고단2686
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2017, around 03:30 on June 9, 2017, the Defendant asked the victim E (n, 19 years of age) who was a fluoral relationship in the D Park located in Gwangju North-gu, Gwangju, to use the fluoral, but refused by the victim.

After the words of “the victim”, the victim was sent to the toilet for the disabled in the park, was off from the brode, and panty was forced to commit an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of the Acts and subordinate statutes in which statements made by the police are recorded against victims;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant 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 is obliged to submit personal information to the head of the competent police agency

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.

Although the reason for sentencing is inadequate in light of the circumstances and contents of the crime, the defendant agreed with the victim, and the defendant.

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