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(영문) 대전지방법원 2018.09.21 2018고정817
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 26, 2018, the Defendant, in Seo-gu, Seo-gu, Daejeon, around 05:30 on March 26, 2018, tried to set the body of the victim E (n, g), who was, while drunk at C Child-Care Center, and promised to meet through E (n, gree) with string-out fluor D, with two hands, tried to fit the body of the victim, but the victim was forced to fit the victim's injury back, while the victim’s injury back.

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

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Application of the Acts and subordinate statutes on the site and neighboring photographs, and CCTV images of the F apartment building;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense and Article 298 of the Criminal Act concerning the option of punishment;

1. Penalty fine of KRW 3,000,000 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. The suspension of sentence cannot be deemed as “a sentence imposed” or “a case sentenced to a fine” as prescribed by the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse by suspending the suspension of sentence, and thus, an employment restriction order shall not be issued (in addition, there are special circumstances in which employment should not be restricted even if the above provision applies.

(C) Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e., Article 59(1)); Article 59(1) of the Criminal Act (see, e.g., Article 59(1));

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of repeating a crime; details and motive of a crime; method and seriousness of a crime; disclosure order or notification order; the degree of disadvantage and anticipated side effects that the Defendant suffers; and the subject of registration that may result therefrom.

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