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(영문) 서울중앙지방법원 2017.01.13 2016고단7403
강제추행등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On August 16, 2016, from around 06:00 to around 07:00, the Defendant forced indecent act Defendant used the victim’s shoulder, chest part, etc. as his hand without disregarding the victim’s intent to the victim E (the 34 years old) who was a guest in Seocho-gu Seoul, the first floor D club of “the first floor” located in Seocho-gu Seoul (the 34 years old).

Accordingly, the defendant committed an indecent act against the victim.

2. Around August 16, 2016, the Defendant: (a) committed assault on the front side of the instant “D” club on August 16, 2016, where the Victim F ( South and North years of age) was aware of the Defendant, who was satisfing the Victim F (North and 20 years of age) with the Plaintiff’s satisfe and shoulder; and (b) obstructed the Victim’s chest once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

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. A fine of five 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. The reason for sentencing under Article 59(1) of the suspended sentence under Article 59(1) of the Criminal Act is the first offender with no previous conviction, and the victim of forced indecent act was agreed to have the only extent of assault, the degree of assault is not heavy, the confession of the crime in this case is divided, the university student is yet aged, and all other conditions of sentencing under Article 51 of the Criminal Act are considered.

Where a conviction becomes final and conclusive on the criminal facts of paragraph (1) of the judgment that is a sex offense subject to registration and submission of personal information, 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 the relevant agency pursuant to Article 43

However, the suspension of sentence against the defendant after the judgment of suspended sentence becomes final.

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