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(영문) 서울동부지방법원 2015.09.18 2015고단1452

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 2, 2015, at around 19:50, the Defendant committed an indecent act by force against the victim C (the 20-year-old-old-old-old-old-old-old-ro 17(CGV) with the 5th film theater of the “CGV” in Seongdong-gu Seoul, Seongdong-gu, Seoul, on March 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by C in the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to a suspect escape room, CCTV image closure;

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 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 (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act, on the ground that a conviction against the defendant is finalized with respect to the criminal facts that are subject to registration and submission of personal information, such as the fact that the defendant has no previous conviction

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 Decided November 13, 2014). The Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order is exempt from disclosure order or notification order, and the degree of disadvantage and anticipated side effects that the Defendant would suffer, resulting therefrom.