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(영문) 서울중앙지방법원 2015.03.20 2015고단392

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 7, 2014, at around 08:55, the Defendant Dad (n, 23 years of age) a victim D (n, 23 years of age) who gets on board an elevator of Gangnam-gu Seoul Metropolitan Government C building 3, had the left shoulder of the victim's right shoulder, pushed the victim's body, pushed the victim into the victim's name, arms, body parts, etc.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes;

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. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) (Article 42(1) of the same Act (Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) provides that a defendant shall not have any particular history, reflect his/her mistake, and not repeat his/her offense, pay three million won to the victim, and the victim shall not want the punishment of the defendant (Article 59(1)); the defendant's age, character and conduct, occupation, family relationship, social relationship, etc. shall be considered); when a conviction on the crime that constitutes a sex offense subject to registration of personal information becomes final and conclusive

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 the crime, method and seriousness of the crime, the disclosure order or notification order of personal information, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure order or notification order of personal information.