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(영문) 서울북부지방법원 2015.11.19 2015고단2665
강제추행
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On June 28, 2015, at around 00:51, the Defendant committed an indecent act against the victim E ( female, 25 years old) (hereinafter “Dju”) located adjacent to the table c in Mapo-gu Seoul, with the left hand hand of the victim, committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

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(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence [In a case where a conviction against a crime subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43(1) of the same Act, inasmuch as he/she is a person subject to registration of personal information pursuant to Article 42(1) of the same Code, since he/she is a person subject to registration of personal information pursuant to Article 43(1) of the same Act.

(1) In light of the aforementioned legal principles, the Defendant’s age, occupation, risk of repeating a crime, method and motive of the crime, seriousness of the crime, the degree and anticipated side effects of the crime to be brought by the Defendant due to the disclosure order or notification order of personal information, the prevention effect of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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