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(영문) 서울중앙지방법원 2017.10.18 2017고정2229
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 5, 2017, around 05:10 on May 5, 2017, the Defendant discovered that there is a mixed victim F (n, 21 years of age) in front of the “E” store located in Gangnam-gu Seoul Metropolitan Government D, and the Defendant Da Da Da Da Da Da. “

anywhere

"At the same time, as the victim's left arms are used by his/her hand, he/she has served two times on the victim's shoulder."

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. A written statement;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

1. Penalty fine of KRW 5,000,000 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. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (Article 42(1) of the same Act (Article 43 of the same Act) provides that where a conviction against a defendant is finalized as to the crime of a sex crime subject to registration to be registered, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

Provided, That the registration of personal information shall be exempted if the judgment of suspended sentence against the defendant becomes final and conclusive pursuant to Articles 4 and 45-2 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016) and if it is deemed that the defendant is acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving the suspended sentence.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results and seriousness of crime, disclosure order or notification order is exempted from disclosure order and notification order.

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