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(영문) 수원지방법원 성남지원 2015.02.11 2014고단3144
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 29, 2014, the Defendant: (a) around 01:00, at the Sungnam-si B floor, drinked alcoholic beverages with the victim D (n, 18 years of age) and talked with music; (b) expressed the victim’s appearance on the shock wave; and (c) expressed the victim’s intent to forcibly commit an indecent act against the victim; and (d) took the victim’s part in the part on the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Penalty fine of 2,00,000 won to be suspended;

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

1. Where a conviction of the criminal facts indicated in the judgment against the defendant who has registered personal information is finalized under Article 59(1) of the Criminal Act (the degree of damage, the fact and circumstance of this case, the circumstance of the defendant's primary offender, etc.), the defendant shall be a person subject to the 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 head of the police office having jurisdiction over his/her domicile shall be obligated to submit personal information in accordance with

Provided, That if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as such.

(see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In light of the details of a crime subject to exemption from disclosure order or notification order and the details of a crime subject to exemption from disclosure order, punishment history, etc., it is determined that the disclosure of personal information constitutes a special case where the disclosure of personal information is prohibited pursuant to 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. Thus, such order is not issued.

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