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(영문) 서울북부지방법원 2013.10.25 2013고단1995
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 9, 2013, at around 23:20, the Defendant committed an indecent act against the victim by using the victim E (the 40 years of age, women) following the victim E (the 40 years of age, women) who walked the path, and then putting his hand into the victim’s blouses.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. Article 59(1) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Registration of Personal Information provides that a person whose judgment of conviction has become final and conclusive due to a sex offense subject to registration as stated in the judgment of the court below is a person subject to registration of personal information.

However, this court has a duty to suspend the sentence of the defendant, and the defendant is obligated 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 suspended sentence of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the Defendant’s disadvantage and expected side effects, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant is deemed to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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