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(영문) 서울중앙지방법원 2018.01.10 2017고정1571
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 30, 2017, around 05:30 on March 30, 2017, the Defendant confirmed the victim F (n, 25 years of age) who was intending to sleep in the second floor surface of E E located in Gangnam-gu Seoul Metropolitan Government D, and subsequently confirmed whether the victim was locked, the Defendant was her own victim, and the part of the mari was her hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to the victim;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 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 Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (Article 42(1) of the same Act (Article 43 of the same Act) provides that where a conviction against a defendant is finalized as to the crime of a sex crime subject to registration to be registered, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

Provided, That the registration of personal information shall be exempted if the judgment of suspended sentence against the defendant becomes final and conclusive pursuant to Articles 4 and 45-2 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016) and if it is deemed that the defendant is acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving the suspended sentence.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering may be achieved.

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