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(영문) 서울중앙지방법원 2014.11.28 2014고단6026
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 8, 2014, at around 22:40, the Defendant discovered the victim E (here 39 years of age) who was waiting to build a path on the crosswalk in front of the crosswalk in the Dongjak-gu Seoul Metropolitan Government, and then the victim followed the victim by inserting the Defendant’s hand between the victim’s right winter and the victim’s suck, thereby committing an indecent act on the part of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Where a conviction becomes final and conclusive as to the facts constituting a sex crime subject to registration, which is subject to the registration and submission of personal information, under Article 59(1) of the Criminal Act (the fact that the defendant recognized the mistake and reflects the depth of the defendant, the fact that the victim and the defendant agreed smoothly with him/her, and the fact that the defendant has no other criminal record other than a fine on one occasion due to a drunk driving), 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

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information.

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