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(영문) 광주지방법원 2019.10.16 2019고단1579
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 of the final judgment.

Reasons

Punishment of the crime

At around 18:30 on April 19, 2019, the Defendant, within D University School School Buses B located in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, immediately before passing through C on the Coastal Highway, used the bucks by the victim E (one name, 22 years old), which was seated by the victim E (one name, two-year old). By avoiding this, the Defendant committed an indecent act by force by putting the victim’s hand on the bucks inside the bucks of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of investigation reports (the contents of text messages divided by the suspect who has submitted them by the victim), photographs, and text messages;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

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

1. In full view of the records and arguments of this case including the nature of the crime of this case, the degree of damage and whether to recover from the crime of this case on the grounds of sentencing under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (see, e.g., agreement with the victim), the criminal records (see, e., Supreme Court Decision 200Do354, Apr. 1, 201

Where a conviction on a crime in which personal information is to be registered and submitted becomes final and conclusive, 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 obligated to submit personal information to the competent agency pursuant to Article 43

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders or Notification Orders.

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