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(영문) 광주지방법원 순천지원 2019.09.18 2019고단1461
강제추행
Text

A defendant shall be punished by imprisonment for four 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

On March 2, 2019, at around 03:37, the Defendant:37, at the main point of “C” located in “C” in “C,” while drinking alcohol and drinking together with drinking, the victim D (one person, two years of age, and 31 years of age) has dancingd; and the victim’s her hand passed away from the victim, and committed an indecent act by force against the victim by her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The punishment as ordered shall be determined in consideration of the fact that the reason for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not agreed with the victim; that there is no record of punishment for the same kind of crime; that there is an indecent act committed; the age, character and conduct, environment, etc. of the defendant;

Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to registration and submission of personal information, 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

In light of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive for committing the instant crime, method and result of the instant crime, disclosure order, notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances where personal information is disclosed and announced or the employment of the child, juvenile-related institutions, etc. and welfare facilities for the disabled should not be restricted. Thus, Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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