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(영문) 광주지방법원 2015.12.11 2015고단4052

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 12, 2015, around 03:50 on September 12, 2015, the Defendant committed an indecent act by force against the victim E (the name of the victim, the age of 23) who walked at the location of the “Dcafeteria” located in Gwangju Mine-gu, Gwangju, followed by the victim E (the age of 23).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Penalty fine of KRW 3,000,000 under the suspended sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (the period by which gold 100,000 won is converted into one day);

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (the degree of indecent act is not less than that of an indecent act but it is a crime committed by drinking and contingently, and the defendant is repented with the depth of the error, the victim wants his wife against the defendant, the defendant is an initial criminal without any previous conviction, and the defendant has contributed to society, such as contributing to overseas volunteer activities, multicultural family support centers, senior welfare centers, etc. to Korean language instructors, etc.) of the Criminal Act, in case a conviction of the criminal facts subject to registration becomes final and conclusive, 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant entered the Defendant following the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and seriousness of the instant crime, order of disclosure or notification of personal information.