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(영문) 수원지방법원 성남지원 2015.09.18 2015고단822

강제추행등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 18:50 on April 2, 2015, the Defendant discovered the victim E (nive, 42 years of age) (hereinafter “TV”) on the front of the “Dju shop” located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, and committed an indecent act by force, such as taking the victim’s shoulder by hand, using the victim’s hands under hand, and taking the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (the victim does not want punishment, the degree of indecent act in this case, and the fact that the defendant is the initial offender) of the suspended sentence (in case the conviction of the criminal facts in the judgment of the defendant who has registered the personal information becomes final and conclusive, the defendant is a person subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of a police

Provided, That if a judgment of suspension of sentence against a defendant is deemed to be 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 such.

(see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In light of the details of a crime subject to exemption from disclosure order or notification order and the details of a crime subject to exemption from disclosure order, punishment history, etc., it is determined that the disclosure of personal information constitutes a special case where the disclosure of personal information is prohibited pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, such order is not issued.