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(영문) 서울북부지방법원 2016.01.28 2015고단4111
강제추행
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On October 8, 2015, around 22:10 on October 22, 2015, the Defendant: (a) based on D, located in Seongbuk-gu Seoul Metropolitan Government, the Defendant: (b) sought that the Defendant would lead to the settlement of accounts at the time of the victim E (at the age of 37) and the victim F (at the age of 20).

Accordingly, the victims forced the victims to commit an indecent act by driving away their arms behind the victims and driving away from the above restaurant in the direction of the Hansung area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 298 of the Criminal Act concerning facts constituting an offense (the point of committing an indecent act against each victim);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 to attract a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not apply to the defendant and his/her defense counsel’s assertion that the defendant has no memory under the influence of alcohol, but a mistake is divided by the defendant, and the defendant has not committed a second offense, and the defendant does not want to punish the defendant, and the victim does not want to punish the victim, and the degree of the criminal conduct is minor and the degree of the exercise

Where a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of new information becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act (see Supreme Court Decision 201Do3564, Nov. 13, 2014). An order to disclose personal information is issued.

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