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(영문) 광주지방법원 2018.07.04 2018고단1812
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 May 1, 2018, at around 00:57, the Defendant committed an indecent act against the victim in the direction of “C” in Seo-gu, Seo-gu, Gwangju, by the following behind the victim D (n, 20 years old) who was seated on the street and was her seated on the street, followed the Defendant’s ditch above the head of the victimized person, and then caused the Defendant’s sexual organ to contact the head of the victimized person, and then caused the Defendant’s sexual organ to contact the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of 12 Acts and subordinate statutes to photographs of CCTV taken at the scene of a crime committed by a person;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(2) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes; - Unfavorable circumstances: Where a conviction of the defendant against the criminal facts stated in the judgment that the defendant did not agree with the victim 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 obliged to submit personal information to the related agency

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 the Defendant suffers, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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