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(영문) 서울중앙지방법원 2015.07.28 2015고단2313
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 8, 2015, at around 03:30 on February 8, 2015, the Defendant committed an indecent act by force on the part of the victim D (A, B, 28 years old) located front of the C3 table in Gangnam-gu Seoul, as the Defendant was in charge of the right chest.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. When a conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (such as the fact that the defendant has no record of punishment at all, the defendant does not repent his mistake, and does not repeat again) of the suspended sentence (see, e.g., the fact that the defendant lives in good faith up to the present, etc.), which constitutes a sex crime subject to registration, 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

(2) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, motive, method, consequence, seriousness of the crime in this case, the degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the protection of victims, etc.

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