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(영문) 서울중앙지방법원 2017.11.29 2017고정3205

강제추행

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On May 30, 2017, around 23:07, the Defendant committed an indecent act by making the victim E (V, 32 years of age) her own knife while getting off from a subway 3 line D line in Seocho-gu Seoul Metropolitan Government, while getting off from a subway 5 line D line, which was located in Seocho-gu Seoul Metropolitan Government, with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

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 Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (Article 42(1) of the same Act (Article 43 of the same Act) provides that where a conviction against a defendant is finalized as to the crime of a sex crime subject to registration to be registered, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

Provided, That the registration of personal information shall be exempted if the judgment of suspended sentence against the defendant becomes final and conclusive pursuant to Articles 4 and 45-2 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016) and if it is deemed that the defendant is acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving the suspended sentence.

The personal information is personal information when comprehensively considering the defendant's age, occupation, risk of recidivism, type, motive, process, 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 preventive effect of the sexual crime subject to registration that can be achieved, the effect of protecting the victim, etc.