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(영문) 대전지방법원 천안지원 2016.09.23 2016고단195
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From around 00:20 on December 24, 2015, the Defendant: (a) committed an indecent act by force against the victim by taking advantage of the Defendant’s chilling the Defendant’s cream on the victim’s left side of the victim himself/herself on the following grounds: (b) around 00:20, the Defendant: (c) caused the victim to leave the taxi; (d) on the ground that the victim said that he/she would not have connected the taxi; but (e) the victim said that he/she would not have connected the taxi; and (e) caused the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E (tentative name) and G;

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

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 (the period converted into one day) to the detention in a workhouse;

1. Where a conviction becomes final and conclusive as to the crime in the judgment that is subject to the registration of personal information under Article 59(1) of the Criminal Act (such as the absence of the same type of force, the victim’s agreement with the defendant and does not want the punishment of the defendant, and the fact that the crime is committed in depth and is against the mistake) of the suspended sentence, it constitutes 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 thus, it is obligated to submit personal information to the competent agency pursuant to

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became null and void, 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). The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering from the disclosure order or notification order, and the preventive effect of the sexual crime subject to registration that can be achieved therefrom.

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