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(영문) 서울중앙지방법원 2018.12.13 2018고정1924
강제추행등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, around 02:05 on June 13, 2018, at the main point of “E” located in Jongno-gu Seoul Metropolitan Government Jongno-gu D and the third floor, and the Victim F ( South, 28 years old) who is the owner of the said main point, has changed due to the termination of this business.

At the request of the victim, the victim's sexual organ was flicked by his own hand, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A detailed statement of the processing of reported cases;

1. Investigation report (to secure and analyze CCTV images in the field of the case) and the application of statutes;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. A fine of 1.5 million won to be imposed and 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. Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the fact that the defendant is against the charge, the fact that the defendant is the first offender who has no record of the crime, the fact that the victim has agreed to pay consolation money to the victim smoothly, and all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, family relationship, and circumstances of the crime, etc., if a conviction against the defendant is finalized, the defendant is 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, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive, and the person is immediately liable to submit personal information as a person subject to registration. Provided, That if a person is deemed acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, he/she 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, and motive for the instant offense.

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