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(영문) 전주지방법원 남원지원 2018.04.03 2018고단12
준강제추행
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 November 19, 2017, from around 00:00 to 06:00, the Defendant drinked alcohol with the middle school house of the Defendant’s middle school Dong D located in Namwon-si, Namwon-si, along with the middle school house of the Defendant’s middle school Dong D, and around 06:00 on the same day, the Defendant entered the second floor room of the above D, and discovered that the Defendant’s female-friendly victim victim F (n, 39 years old) of another middle school Dong E (n, f., f.) was locked at the bed, and she committed an indecent act by taking advantage of the victim’s mother and body by taking advantage of the victim’s resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation ( telephone statement to a witness G);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. When a conviction on the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information under Articles 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the criminal history of the defendant exempted from the order of disclosure and notification of personal information or the criminal history of the crime of this case, etc., it is not likely that he/she again commits a sexual crime.

It can be seen that there can be an effect to prevent recidivism by the defendant only by taking lectures to treat sexual assault.

In full view of all the circumstances, including the defendant's age, character and conduct, environment including family relations, benefits and preventive effects expected by an order to disclose personal information, and disadvantages and side effects resulting therefrom, punishment of sexual crimes, etc.

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