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(영문) 서울서부지방법원 2015.03.16 2014고단3473
강제추행
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On November 16, 2014, at around 06:25, the Defendant committed an indecent act by force against the victim by reporting the victim D (at the age of 26) who was seated in the street in front of Yongsan-gu Seoul Metropolitan Government, and by cutting down the shoulder of the victim himself.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. If a judgment of conviction on a sex crime subject to registration and submission of personal information under Article 59(1) of the Criminal Act (the defendant is the first offender, the defendant is in depth, and the victim is not willing to punish the defendant by agreement with the victim) of the suspended sentence becomes final and conclusive, 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 personal information to a competent authority pursuant to Article 43 of the same

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.

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the special circumstances that need not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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