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(영문) 대전지방법원 2017.05.02 2017고정467
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is while attending the department of nursing the college B, and the victim C (V, 22 years old) is in the hospital D and became aware of the practice at the hospital.

On December 24, 2016, the Defendant, at the main point of “F” located in Daejeon Jung-gu, Daejeon, Daejeon on December 24, 2016, performed drinking together with the victim. The Defendant committed an indecent act by force by force, by taking the victim’s face, taking the victim’s face, taking the victim’s back to his/her own hand, and taking the victim’s left chest with his/her finger hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Where a conviction becomes final and conclusive as to the facts constituting the crime indicated in the judgment on the registration of personal information under Article 59(1) of the Criminal Act (including the fact that the commission of the crime is committed and seriously against the victim, the victim does not want the punishment of the defendant, and the fact that there is no record of criminal punishment) of the suspended sentence, 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 thus, the defendant is obligated to submit personal information to the competent agency under Article 43 of the same

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 becomes final and conclusive, a person subject to registration will be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The Defendant’s age, occupation, risk of recidivism, details and motive of the crime, the seriousness of the crime, the method and consequence of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, and the sexual crime subject to registration that could be achieved therefrom.

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