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(영문) 광주지방법원 2017.12.22 2017고단4791
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2017, at around 02:00, the Defendant found on the roads adjacent to the D main points in Seo-gu, Seo-gu, Gwangju, that the victim E (n, 19 years of age) is smoking tobacco, and then the Defendant is deemed to be a bad business to the victim.

In spite of debrising, the victim sparedly kidddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Juveniles against Sexual Abuse. (b) the Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, and the effect of the protection of the victim, there are special circumstances where personal information may not be disclosed or notified.

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