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(영문) 대전지방법원 천안지원 2017.03.10 2016고단1097
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 31, 2016, around 23:00, the Defendant committed an indecent act by force on the part of the victim by finding out the victim D (Influence, name, and age 24) who was reporting a mobile phone while under the influence of alcohol and committing an indecent act on the part of the victim with his/her own fault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period converted into one day) to the detention in a workhouse;

1. Where a conviction becomes final and conclusive as to the facts constituting a crime that is subject to the registration of personal information under Article 59(1) of the Criminal Act (such as the initial crime, the agreement with the victim, and the crime committed by the victim) of the suspended sentence, it constitutes 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 thus, the person is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed since the judgment of suspension of sentence became null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014).

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