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Reasons
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(영문) 광주지방법원 순천지원 2012.12.14 2012고단1990
준강제추행
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A defendant shall be punished by imprisonment for not more than ten months.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Punishment of the crime

On April 29, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for larceny in the Gwangju District Court's Netcheon Branch on April 29, 2009, and completed the execution of the sentence in the net prison on September 16, 2009.

1. A quasi-indecent act on July 6, 2012, the Defendant discovered the victim D (e.g., 40 years of age) who was divingd from a soup crying bank around 06:30 on July 6, 2012, found out the victim D (e.g., 40 years of age) and brought the victim back to the victim after the victim’s her her mbbbbbbbb and her buck.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

2. Along to July 28, 2012, the Defendant discovered the victim F (the age of 30) who was locked at a soup E-si, 2012, on July 28, 2012, and was able to find out the victim F (the age of 30) at a soup and soup, and brought the victim’s losses in the inner part of the victim, thereby bringing them up.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police interrogation protocol against the accused;

1. Each police statement made to F and D;

1. To make soup CCTV CDs in the Eabry bank;

1. Each report on investigation;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records, investigation reports (in cases of attaching a copy of a written judgment), and personal identification and confinement status;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction becomes final and conclusive against the accused on the criminal facts subject to the registration of personal information under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be subject to the punishment of sexual crimes.

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