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(영문) 서울중앙지방법원 2016.12.16 2016고단7825
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the United States Armed Forces affiliated with the E unit, subject to the Korea-US Administrative Agreement (SOFA).

On September 4, 2016, at the main point of "G" located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant continued to walk a horse to the victim H (W, 27 years of age) who is an employee of Yongsan-gu, and followed up by the victim who is arranging the table, and the Defendant committed an indecent act by force against the victim by means of putting his/her left hand into the victim's hand his/her hand his/her hand, and making it long to the end of 10 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Each investigation report (No. 16, 17 No. 500);

1. Application of the detailed statement of processing the 112 reported case and accompanying photographs (fixture images) Acts and subordinate statutes;

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

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

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement 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 (a) of the suspended sentence (a) (the confession and seriously reflects the offense, the victim does not want the punishment against the defendant, and the victim does not have any previous conviction in Korea) and Article 59(1) (b) of the Criminal Act, which is 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, and is obligated to submit

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

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant may sustain due to the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method of and seriousness of the crime, and order of disclosure or notification of personal information.

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