The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

피고인은 2015. 8. 16. 20:10경 대구 달성군 가창면에 있는 가창체육공원에서 윗몸 일으키기 운동기기에 누워 있던 피해자 C(여, 19세)를 강제추행할 마음을 먹고 피해자에게 다가가 “나와 함께 모텔에 갈래요”라고 말하면서 오른손으로 피해자의 왼쪽 가슴을 1회 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. Article 59(1) of the Criminal Act (the suspension of sentence: fine 2,50,000 won; fine 2,500,000 won 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; Defendant is a primary offender; Defendant is a minor offense; Defendant is a victim of an indecent act; Defendant paid KRW 3 million to the victim for damages; and the victim is not subject to punishment against Defendant by agreement with the victim); in case where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 43 of the same Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the same Act

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). An order to disclose or notify the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and gravity of the instant crime, and disclosure order.