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(영문) 대구지방법원 서부지원 2017.11.23 2017고단1502

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 30, 2017, at around 01:30, the Defendant: (a) was in the room No. 19 “E” located in Daegu Seo-gu, Daegu-gu, Daegu-gu, about May 30, 2017; (b) was willing to force the Defendant to commit an indecent act against the Defendant F (nive, 20 years of age) on the same day; (c) was hicking the Victim F (nive, 20 years of age); and (d) was hicked one time at the victim’s view; and (d) while the Defendant tolded the Defendant’

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F, G, and H;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

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

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that it is a contingent crime, the fact that the defendant was committed in the course of expressing the victim's sexual sense and that the degree of indecent act is not serious, the victim does not want the punishment of the defendant, the victim is divided by agreement with the victim, the victim's effort was made to prevent recidivism by receiving psychological counseling treatment, etc., and according to the result of counseling, the risk of recidivism is not high, and the defendant does not have any criminal record, etc.) of the Criminal Code Article 59(1) of the suspended sentence (the defendant is 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 defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, and the crime of this case shall be exempted.