Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On November 18, 2015, the Defendant paid the alcohol value to the victim C (W, 25 years of age) located in the 2nd floor in Daegu-gu B, Seogu, Daegu-gu, and caused the Defendant to commit an indecent act by force against the victim by making two arms, and by inducing the victim’s boom.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E;
1. Application of Acts and subordinate statutes on internal investigation reports (in case where the face value of the suspect A’s criminal act is recorded, the CD-type);
1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;
1. Article 59(1) of the Criminal Act (the punishment to be suspended: fine 2,00,000 won, the confession of and the attitude against the defendant in depth is relatively minor, the victim is not subject to punishment against the defendant, and the defendant has no record of criminal punishment) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in cases where a conviction becomes final and conclusive on the facts constituting a crime indicated in the registration of new information, the defendant is subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to related agencies pursuant to Article 43 of the same Act.
However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the defendant is exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of crime, seriousness of the crime, disclosure order or notification order is expected to be the degree of disadvantage and disadvantage of the defendant.