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(영문) 서울북부지방법원 2018.02.19 2017고정2071

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 01:00 on August 4, 2017, the Defendant, at the crosswalk C and D convenience store, had only one time the left her part of the victim E (Gam) who dried the crosswalk in the opposite direction at the crosswalk C and D convenience store.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Where a suspended sentence is rendered pursuant to the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order of Suspension of Sentence (the defendant is in his depth and has no record of crime, the fact that the defendant has agreed with the victim, the defendant's future etc.) under Article 59(1) of the Criminal Act, no order to complete a program

Where a conviction of a defendant is finalized on the criminal facts in the judgment that 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 relevant agency pursuant to Article 43 of

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive, and the person subject to registration is immediately liable to submit personal information. Provided, That if a judgment of suspension of sentence is deemed acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, the person subject to registration is exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014; Article 45-2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes). This is due to the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and consequence of the instant offense, disclosure or notification order