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(영문) 서울중앙지방법원 2014.02.07 2013고단5272
준강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 27, 2013, at around 06:45, the Defendant discovered the Victim F (mama, 27 years of age) who was divingd in E-Sari or male inland waters located in Jongno-gu Seoul Metropolitan Government E-Saro, found the Victim’s body, added the Victim’s sexual organ to the Victim’s body, and committed an indecent act against the Victim by using the Victim’s mental disorder or state of non-performance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the police protocol of statement to F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration, becomes a person subject to registration of personal information when a conviction on the facts constituting a sex offense subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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