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(영문) 서울남부지방법원 2020.08.19 2020고단980
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 26) and the victim C (the age of 25) have been a customer of "E" located in Bupyeong-gu Incheon Metropolitan Government D, and the victims are working.

At around 00:30 on September 23, 2019, the Defendant, within the main point of “E” located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu D, and during dialogue with the victim B, the Defendant met with the victim’s sexual organ as they flick, and the victim C, who was flick at the toilet, was seated in the side of the victim B, and flicked with the victim’s sexual organ by his own hand, and committed an indecent act by force against the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C and B to the Act

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. If a conviction on a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program becomes final and conclusive, 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same

However, if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspended sentence pursuant to Article 45-2 (1) of the same Act, he/she shall be exempted from the obligation to submit personal information.

The age of the defendant exempted from the disclosure and notification order and the employment restriction order, the type and contents of the crime, the process of the crime, the criminal records, other social benefits expected by the disclosure and notification order and the employment restriction order.

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