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(영문) 서울서부지방법원 2018.02.08 2017고정1390
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 18, 2017, around 00:50 on June 18, 2017, the Defendant committed an indecent act by force on the part of the victim D (V, 22 years of age) waiting for the signal in front of the crosswalk in Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Penalty fine of 2,00,000 won 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 of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 201); Article 59(1) of the same Act (see, e.g.,

1. Where the sentence of exemption from order to complete a program is suspended, and the registration of personal information and the conviction of the accused against whom to submit a report should not be ordered pursuant to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is finalized, the accused 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 the accused is obligated to submit personal information to the head of the police office having jurisdiction over the accused

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.

In light of the content, method, and details of the instant crime exempted from disclosure order and notification order, the criminal records of the Defendant, disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant entered, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., sexual crimes are committed.

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