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The sentence of sentence against the defendant shall be suspended.
Reasons
Criminal facts
On June 15, 2014, the Defendant: (a) around 01:15, at the outdoor theater located in Seongdong-gu Seoul Metropolitan Government “Cju store”, and (b) around three times, the Defendant was in mind to commit an indecent act against the victim D (nick, 27 years of age) who followed the Defendant’s drinking in the table, and was able to commit an indecent act against the victim, etc.
Accordingly, the defendant committed indecent acts against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
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. The reason for sentencing under Article 59(1) of the Criminal Act (Consideration of sentencing as follows) of the suspended sentence is that the defendant recognized the crime of this case and repented in depth, appears to have committed the crime of this case contingently, the degree of indecent act is minor, the degree of criminal punishment is minor, there is no record of criminal punishment, the social relation is obvious, and the method and result of the crime of this case, the sentence of a fine of KRW 2 million is suspended by taking into account all the factors such as the circumstances after the crime, the defendant's age, character and conduct, family environment, etc.
Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which shall be submitted to register and submit personal information provides that a conviction of a sex offense subject to registration becomes final and conclusive.
However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.
It is so decided as per Disposition for the above reasons.