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(영문) 서울중앙지방법원 2018.04.17 2018고정315
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 1, 2017, the Defendant, around 22:10, committed an indecent act against the victim by inserting her hand to the lower end of the shorter end of the victim’s knife and inserting her knife in order to get on the cab in front of the Seocho-gu Seoul Metropolitan Government C building.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the respective Acts and subordinate statutes of D and 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. 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 Code of the Suspension of Pronouncement of Sentence (including the fact that the defendant acknowledges the crime and repents the mistake in depth, that the injured person is not subject to punishment against the defendant, that there is no record of crime, that there is no record of crime, and that in other cases, it is recognized that the injured person will not commit such crime, and that there is no record of crime) of the Criminal Code, when a conviction on the crime subject to registration and submission of personal information becomes final and conclusive, the defendant becomes 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 obliged to submit personal information to the related agency pursuant to Article 43 of the same Act.

However, if the suspension of sentence is not invalidated after two years have elapsed since the date the defendant received the suspension of sentence pursuant to Article 45-2 (1) of the same Act and is deemed acquitted pursuant to Article 60 of the Criminal Act, the registration of personal information shall be exempted.

When comprehensively considering the risk of recidivism, the type of crime, motive, content and result of the crime, the degree and expected side effects of the defendant's suffering, the prevention of sex crimes subject to registration that may be achieved due to the disclosure order or notification order, and the effects of the protection of victims, etc., of the defendant's exemption order or notification order.

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