Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
피고인은 2016. 3. 28. 14:48 경 성주군 C에 있는 D 한의원 앞 도로에서 피해자 E( 가명, 여, 28세) 가 서 있는 것을 보고, 피해자의 뒤쪽으로 다가가 피해자의 엉덩이를 쓰다듬고, 툭 툭 쳤다.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes governing recording recording of police victims' statements to E (tentative names);
1. Article 298 of the Act applicable to the facts of crime, the choice of punishment, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;
1. Article 59 (1) of the Criminal Act (the suspended sentence: Fine 1,00,000 won, the confession and reflective attitude of the defendant, the defendant is a disabled person of Grade II with mental disability, the degree of indecent act by force is minor, the defendant is a primary offender, and the injured person is not subject to punishment against the defendant by agreement with the victim, etc.);
1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete program, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal
However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the offense, and disclosure order.