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(영문) 서울중앙지방법원 2017.06.02 2017고정668

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 06:00 on December 3, 2016, the Defendant, while drinking alcohol at the main point of "C" located in Yongsan-gu Seoul, Yongsan-gu, Seoul, committed an indecent act by force against the Defendant, 4 times in his/her hands, with his/her amblock, D (V, 43 years of age) of another customer who was next to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (The application of CCTV-related Acts and subordinate statutes to the C main office);

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 imposed and 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 judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to submission of new information under Article 59(1) of the Criminal Act (i.e., the agreement with the victim only by himself/herself, and the victim wants to take into account), 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.

Provided, That if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date on which he/she receives a suspended sentence pursuant to Article 45-2 (1) of the same Act, the registration of personal information shall be exempted.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the protection of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.