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(영문) 광주지방법원 해남지원 2016.03.31 2015고단595
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2015, at around 01:30, the Defendant committed an indecent act by force against the victim, such as finding the victim D (n, 19 years of age) who is his/her own high school, and forced the victim to move by force on the road located in Jindo-gun B, Jindo-gun, Jindo-gun, the Defendant committed an indecent act against the victim, such as joining and leaving the victim's chest on the alley of the E 30m away from 30m away from his/her sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

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 suspended execution;

1. Where a conviction against the accused is finalized on the criminal facts indicated in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 62-2 of the Criminal Act, 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 to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Reasons for sentencing

1. There is no basic area (6 months to 2 years) (special person subject to sentencing) in the first category (general indecent act in force) of the crime of indecent act committed on the basis of the general standard of the sentencing criteria (the scope of recommended punishment)

2. The sexual records of victims due to the instant crime of which sentence is determined; and

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