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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2212
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 15, 2016, the Defendant committed an indecent act by force against the victim E (V) who was sleeped in the middle-gu, Daegu-gu, Daegu-gu, on the front side of the Defendant’s “D” in the middle-gu, Daegu-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;

1. Article 59(1) of the Criminal Act (the sentence to be suspended: a fine of 2,00,000 won; a fine of 2,00,000 won is led to the confession and the depth of the crime; the degree of the conduct of the prosecution is relatively minor; the victim shall be paid 1,50,000 won for the damage compensation; the victim shall not be punished against the defendant; the victim shall agree with the victim; and the judgment of conviction shall be suspended only once taking into account the fact that the victim is the initial offender) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42(1) of the same Act; thus, the defendant is obligated to submit personal information to a related agency pursuant to Article 43

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of crime, consequence and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, and the subject of registration that can be achieved due to such order.

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