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(영문) 광주지방법원 2016.11.25 2016고단4110
준강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 06:00 on July 16, 2016 to 07:20, the Defendant: (a) at the family living room of pro-gu in Gwangju Northern-gu, Gwangju, the Defendant: (b) had the mind that D’s female-friendly job offering victim E (V, 21 years old) would have committed an indecent act by reporting out of sofacing sofacing; (c) had the victim walked the victim’s standing, walking the victim’s upper part; (d) had the victim walked the victim’s upper part; and (e) had the victim’s panty tyty, cut off the victim’s inner part; and (e) had the victim

Accordingly, the Defendant committed indecent act against the victim by using the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements of each police suspect interrogation protocol against the accused;

1. Each statement made by the police in relation to the victim, D, F, and G;

1. The application of Acts and subordinate statutes entering in the table for requests for appraisal;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. If a conviction of a sex offender subject to registration becomes final and conclusive in the judgment on the crime subject to registration and submission of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism risk, benefits expected by an order for disclosure or notification, and the resulting disadvantages and side effects of the said order, the disclosure or notification of personal information may not be disclosed or notified. Thus, the disclosure or notification order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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