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(영문) 서울중앙지방법원 2016.11.29 2016고단5483

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 03:10 on July 24, 2016, the Defendant, at least 03:10 on July 24, 2016, sent the victim E (the family name, the female, and the age of 24) who was in the street front of the exit of Jongno-gu Seoul Metropolitan Government, with the cellular phone, was her own hand, and became the victim's her tur.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes;

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

1. Penalty of a fine of four million won to be suspended;

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

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code (the defendant has no record of a crime exceeding a fine or of the same kind of crime, and there is no record of a crime committed seriously against himself/herself, and the victim does not repeat the crime, and the victim has already agreed to pay a considerable amount of money, taking into account the defendant's age, character and conduct, family relationship, social relationship, etc.) of the Criminal Code, where a conviction on a crime subject to registration of personal information 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,

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). In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification of personal information, the preventive effect of the sexual crime subject to registration to be achieved, and the effect of protecting the victim, etc.