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(영문) 서울남부지방법원 2017.11.24 2017고단4845
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On July 22, 2017, at around 22:53, the Defendant committed an indecent act by force against the victim by putting on the left her part of the victim F (the age of 26) the subway 2 line E station located in Yeongdeungpo-gu Seoul Metropolitan Government, from the 3-4 platform of the 3-4 subway station located in Yeongdeungpo-gu, Yeongdeungpo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the F and G preparations;

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

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

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

1. The reason for sentencing under Article 59(1) of the Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement (The sentencing criteria are not applied because the suspended sentence of fine was selected) (the sentencing criteria are not applied). However, the defendant's act of committing the crime in this case is against the defendant's wrongness while committing the crime in this case, the victim and the victim do not want the punishment; the defendant is the first offender; the defendant voluntarily received prevention education against sexual assault after committing the crime in this case; and the defendant made efforts to prevent recidivism, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime in this case and the circumstances after committing the crime, etc., by taking into account all the conditions of the punishment as indicated in the records and the theory of changes.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 the relevant agency pursuant to Article 4

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 after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). An order to disclose information is issued

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