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(영문) 서울서부지방법원 2017.10.27 2017고정300
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 26, 2016, at around 14:36, the Defendant collected money from the 2nd floor of the Mapo-gu Seoul Metropolitan DD DD building in order to calculate the brea accident, and used the breath’s hand, etc. of the Victim F (V, 23 years old), an employee, as the remaining fingers. However, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes on video CDs attached to the internal investigation report (the CCTV image verification in the task of “E” at the scene of crime) and the report

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

1. Penalty of one 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. Where a suspended sentence is rendered pursuant to the main sentence of Article 16(2) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the suspension of sentence (including the fact that the degree of a crime is relatively minor, the defendant is led to confession, and there is no other penalty, in addition to punishment once, etc.), the defendant is obligated to submit personal information to a related agency pursuant to Article 42(1) of the same Act on Special Cases Concerning the Registration of Personal Information No. 1 and the crime of a sex crime subject to registration to be submitted where a conviction against the defendant becomes final and conclusive.

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive, and the person is immediately liable to submit personal information as a person subject to registration. Provided, That if a person is deemed acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, he/she shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014; Article 45-2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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