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(영문) 서울남부지방법원 2018.11.02 2018고단3721
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 12, 2018, the Defendant: (a) around 11:30 on June 12, 2018, at the stairs of the first floor C underground in Seoul, and (b) made an election campaign, giving the elderly people who are string to provide meals, and (c) was committing an indecent act by force against the victim E ( South, 55 years old) of the candidate for the head of D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day converted);

1. The grounds for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (Grounds for the following sentencing) include the following: (a) the number of methods and details of the instant crime; (b) the background and background leading up to the prosecution; (c) the Defendant is against the Defendant; and (d) the Defendant is an initial offender who has no record of criminal punishment; and (c) the sentence like the disposition is rendered by comprehensively taking account of all the following factors: the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime; and (d)

The duty to register and submit personal information: Where a conviction becomes final and conclusive on the crime in the judgment of suspension of sentence, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to the competent agency pursuant to

However, if it is deemed that a defendant is acquitted after two years have elapsed since the judgment of the suspended sentence in this case became final and conclusive, the person subject to registration is exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014, etc.). An order to disclose information, a notification order, and an employment restriction order: the defendant's age, occupation, risk of recidivism, type and motive of the crime in this case, the victim's age, relationship with the victim, and each of the above orders are disadvantageous to the defendant.

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