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(영문) 대구지방법원 서부지원 2020.06.02 2019고단3579

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On 17, 2019. 06:00 to 07:00 on 17, 2019, at the parking lot of the C Tax Accounting Office located in Daegu-gu, Daegu-gu, the Defendant committed an indecent act by force on the part of the victim by holding the victim's chest and sound together with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Report on internal investigation (number 3, 4, 5);

1. Application of the Acts and subordinate statutes of the Investigation Report (No. 7,8,9,12)

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (where a conviction on a sex offense subject to registration becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to related agencies pursuant to Article 43 of the same Act, on the ground that the Defendant is a person subject to registration of a sexual crime subject to registration, and the Defendant is obligated to submit personal information pursuant to Article 43 of the same Act.

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(See Supreme Court Decision 2014Do3564 Decided November 13, 2014). An order to disclose or notify personal information, the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order, and employment restriction order are disadvantageous to the Defendant.