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(영문) 청주지방법원 2018.09.07 2018고단1182
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 5, 2018, the Defendant 15:12 on the street in front of the Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do, the Defendant 1 was raising the chest of the victim by a sudden hand while she had a dispute with the victim D (the age of 51) residing in adjoining areas and parking problems, and then, the Defendant 1 came to milch up with the victim who referred to in this paragraph “(s) of the same year as the milch up to the milch up to the 15:12, 2018, 4.

In order to "the age of the Republic of Korea", the victim was forced to commit 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 against D;

1. Application of the Acts and subordinate statutes notifying the results of photographic and visual appraisal after the closure;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Suspension of sentence of a fine only at once, taking into account the fact that the defendant is a primary offender and is likely to have committed the crime of this case, resulting in a contingent dispute over the victim and parking problems) of the suspended sentence;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program;

1. Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 information to a related agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed 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 (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The defendant’s age, occupation, risk of recidivism, and type of the instant crime, which are exempt from disclosure order, notification order, and employment restriction order.

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