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(영문) 대구지방법원 서부지원 2016.08.11 2016고단1088
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 4, 2016, the Defendant: (a) committed an indecent act by force against the victim C, on the following grounds: (b) discovered the victim who was in front of the entrance joint entrance of the Ggu Daegu-gu, Daegu-gu, 218 Dong 218 Dong 6, 7Ra, and (c) found the victim in front of the entrance; (b) downloaded the victim with both descendants; (c) see the victim’s view; and (d) attempted to have the victim injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes governing stenographic records;

1. Article 298 of the Act applicable to the facts of crime, the choice of punishment, 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 suspended sentence: Fine of a fine of 2,00,000 won, the confession of and the attitude against the defendant to commit a crime, the degree of indecent act by force is minor, the defendant is the primary offender, the victim is paid KRW 30,000,000 to the victim, and the victim is not punished against the defendant by agreement, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information 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 program, the accused 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, and is obligated to submit personal

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, the person subject to registration shall be 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 for the instant crime, method of crime, result, and crime.

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