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(영문) 대전지방법원 2015.02.11 2014고단3906
준강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 3, 2014, the Defendant: (a) around 23:00, at a parking lot suitable for the “D” restaurant located in Yansan-gu, Seoul Special Metropolitan City on May 3, 2014; (b) the victim E (here, 19 years of age) who is the motive of the same department was drunkly drunk and was unable to hold the body well, and (c) subsequently, the Defendant was satisfing the victim in his arms, and the Defendant was her chestd with the victim’s clothes.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the content of messages;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

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

1. Articles 70 and 69 (2) of the Criminal Act (one-day conversion: one hundred thousand won);

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. If a conviction of a sex crime subject to registration and submission of personal information is confirmed on the following grounds: (a) the degree of indecent conduct in sentencing under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete a program; (b) the record of the instant crime without any history of the crime; and (c) the fact that the victim has not been punished by the defendant; and (d) the judgment of conviction on the crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (b) the

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.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information.

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