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(영문) 서울중앙지방법원 2017.03.08 2016고단9210

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 26, 2016, at around 12:30 on November 26, 2016, the Defendant, along with the victim F (e.g., 25 years old) who reported that she she she she she she was seen to her snow in the outdoor gate of the 12th floor of the D building located in Dongjak-gu Seoul Metropolitan Government, Seoul, and she her her her her her senth, pushed the victim’s her her her her senth, and then she was her her her her her senth with his her her her her her senth by sticking the her her her her her

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 with regard to F;

1. Application of the Acts and subordinate statutes governing the G production;

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 Act of the Suspension of Pronouncement of Sentence [see, e.g., Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (see, e.g., 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 43 of the same Act, and is obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act.

However, if a judgment of suspension of sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The defendant’s age, occupation, risk of recidivism, motive for the instant crime, and crime.