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(영문) 서울서부지방법원 2017.09.22 2017고정854

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a relationship that he is entirely aware of the victim D(n, 19 years of age).

On April 11, 2017, around 23:50, the Defendant committed an indecent act by force by rhumping both her ambl with the victim’s left ambl with the victim’s amblance while she goes through the victim’s left side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports (victims' photographs and CCTV analysis in F history);

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

1. Fine of 900,000 won to be 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 suspended sentence is rendered pursuant to the main sentence of Article 16(2) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order under Article 59(1) (including the fact that the defendant commits a mistake against the beginning offender, and that the injured person does not want the punishment of the defendant, etc. by agreement with the victim) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order under Article 59(1) of the suspended sentence, 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 where a conviction against the defendant is finalized, the defendant is obligated to submit personal information to a related agency pursuant to

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive, and the person is immediately obligated to submit personal information as a person subject to registration. Provided, That if a person is deemed acquitted after two years have elapsed since the judgment of suspension of 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 (see Supreme Court Decision 2014Do3564, Nov. 13, 2014; Article 45-2(1) of the Act on Special Cases concerning the Punishment,