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(영문) 광주지방법원 2019.05.08 2019고단905
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 3, 2019, at around 03:10, the Defendant: (a) taken the victim E (tentative name, 21 years of age) in the back of the taxi located in Seo-gu, Seo-gu, Gwangju; (b) arrived before the F apartment in Gwangju Mine-gu, the destination of which is the Defendant; (c) taken the victim’s f apartment; and (d) taken the buckbbbbbbs in the middle of the taxi located in Seo-gu, Gwangju; and (c) taken the victim’s sprink by sprinking the victim’s sprink; and (d) taken the victim’s spuck by placing the victim’s kbbbbs into the part of the victim’s khum; and (e) made indecent acts by force by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs by cutting down a stude image of a taxi);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Where a conviction against a defendant is finalized as to the facts constituting a crime in which he/she should register and submit personal information in consideration of the fact that the defendant has no record of punishment, and has agreed with the victim, 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 a related agency

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc.

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