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(영문) 전주지방법원 정읍지원 2015.04.28 2015고단8
강제추행
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 30, 2014, at around 01:50 on October 30, 2014, the Defendant committed an indecent act by force against the victim E (n, 39 years of age) and the victim F (n, 39 years of age) by having danced at the stage of the DB club located in Daejeon-gu Daejeon-gu, Daejeon, with his hand, by committing the said victim F’s her knife at one time in his knife with his knife, and by forcing the said victim E’s knife by turning his knife with his knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes on the report on the occurrence of indecent acts by force;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction becomes final and conclusive on a sex crime subject to registration under Article 62(1) of the Criminal Act, 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 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances where the disclosure of personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

The defendant whether to issue an order to attend a course or order to complete a program is insufficient to use the Korean language.

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