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(영문) 서울중앙지방법원 2015.01.21 2014고단7180

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 23:55 on September 1, 2014, the Defendant committed an indecent act against the victim on the part of the victim, following the victim, who was accommodated together with the victim G (the 32 years of age) who is a charged worker at the same workplace in Jung-gu Seoul, Jung-gu, Seoul, and then wanted to be saved, and entered a shower room, and the victim was saved after the victim's own body was found to have her head with her body.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Application of Provisions on Reduction of Liability;

1. A fine of 2,00,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. If a conviction on a sex crime subject to registration of personal information under Article 59(1) of the Criminal Act (the defendant is the first offender, and the defendant is not guilty in the future and will not repeat the crime), the victim is dead and the victim wishes to take a prior wife against the defendant and cancels the complaint, and the defendant's age, character and conduct, family relationship, social relationship, etc. are confirmed by agreement with the victim, and a conviction on a sex crime subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant is a person subject to registration of personal information under Article 43 of the same Act and is obligated to submit personal information

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’s age, occupation, risk of repeating a crime, content and motive of a crime, method of committing a crime, and gravity of the crime.