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(영문) 광주지방법원 순천지원 2017.04.19 2016고단2476
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 6, 2016, around 03:40, the Defendant: (a) reported the victim E (n, 20 years of age) located in the front of the D on the Goyang-gu Seoul Metropolitan City, Goyang-si C and the 1st floor of Goyang-si, Gyeonggi-do; (b) took the victim’s her hand back to the victim; and (c) took the victim’s her hand, and committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 three million won to be suspended;

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

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (in cases where a conviction of the defendant against the criminal facts stated in the judgment of sexual assault crime subject to the registration of personal information is finalized, the defendant is a person subject to 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 defendant is obligated to submit personal information to the agency concerned pursuant to Article 43 of the same Act, in consideration of all of the conditions of sentencing prescribed in Article 51 of the Criminal Code, such as the defendant's age, sexual conduct, environment, etc.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the 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). Personal information is personal in light of the Defendant’s age, occupation, risk of recidivism, health condition, type and motive of the instant crime, process of the instant crime, seriousness of the crime, disclosure order or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, prevention effect of sexual crimes subject to registration that can be achieved therefrom, protection effect of the victim, etc.

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