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(영문) 대구지방법원 서부지원 2016.03.03 2015고단2155
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 16, 2015, at around 03:30 on August 16, 2015, the Defendant, under the influence of alcohol, committed an indecent act by force against the victims by putting a hand on the shoulder of the victim E (the age of 24), a customer, who was under the influence of dancing in the stheme, and by putting on the chest of the victim, who is another customer, the victim F (the age of 27). In addition, the Defendant committed an indecent act by force against the victims by putting on the chest of the victim, who was under the influence of alcohol.

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. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;

1. Article 59(1) of the Criminal Act (the sentence to be suspended: a fine of 3,00,000 won; a fine of 3,00,000 won is led to confession and reflect in depth, the degree of conduct is minor, the victims are not subject to punishment against the defendant; and the judgment of conviction is deferred only once in consideration of the primary offender and the university students) of the Criminal Act on the facts constituting a crime on which a new information is registered becomes final and conclusive, the defendant is 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void, 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). The defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the offense, and disclosure order.

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