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(영문) 광주지방법원 2020.01.08 2019고단3797
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 19, 2019, around 18:35, the Defendant demanded the victim C (the 24 years of age) to “B apartment units in Gwangju Mine-gu, Gwangju, and the 24 years of age,” and refused it, and the victim forced the victim to enter the two arms, thereby committing an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes - Reasons for sentencing in favor of the defendant: The defendant's mistake is recognized; the defendant's primary offender is the victim; the defendant's agreement is reached with the victim - Unfavorable circumstances: 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, in cases where the conviction of the defendant against the criminal facts stated in the decision that he/she should submit personal information is confirmed, and the defendant is obligated to submit personal

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc., of the Defendant exempted from the disclosure order or notification order of personal information, it shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, given that there are special circumstances in which

. Exemption from employment restrictions orders.

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