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(영문) 서울서부지방법원 2018.05.23 2018고단936
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 9, 2018, the Defendant committed an indecent act on the part of “E” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around February 21, 2018, following the victim F (the age of 28) who was seated with the opening door of the so-called “E” by putting the victim’s shoulder up with the victim’s shoulder gate, and by putting the victim’s shoulder up with another hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to a report on investigation (one telephone call for a witness);

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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 (a) of the suspended sentence (the commission of a crime is against the person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (the commission of a crime and the commission of a crime, the commission of a crime, the commission of a crime, and the commission of a crime in the instant case), where the judgment of conviction of personal information of this case becomes final and conclusive, the Defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the aforesaid Act.

Provided, That if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date on which he/she receives a suspended sentence pursuant to Article 45-2 (1) of the same Act, the registration of personal information shall be exempted.

On the other hand, the defendant's primary crime and the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, the registered information is in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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