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(영문) 서울중앙지방법원 2016.02.17 2015고단7816
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 23, 2015, at around 13:30 on August 23, 2015, the Defendant committed an indecent act by force against the victim D (nick, 38 years of age) by putting his/her left son and son on his/her own hand in C4th floor in Jongno-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of D;

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

1. A fine of 1,500,000 won to be imposed on the suspension of sentence;

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

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [The defendant is the first offender, and is deemed to have committed the crime in this case due to a mental disease, and considering the age, sex, family relationship, degree of conduct in the future, etc. of the defendant who does not want the punishment of the defendant] Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration that may be achieved, the protection effect of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

(b) for more than one year.

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