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(영문) 서울중앙지방법원 2016.05.20 2015고단7748
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 4, 2015, around 00:40 on August 4, 2015, the Defendant committed an indecent act by force against the victim E (e.g., 27 years of age) by using her amblock in a short string part of the victim E (e.g., m., her ambling while under the influence of alcohol in the lower part of “D” located in Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to written statements;

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Reduction of Liability;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [The defendant has no history of punishment, and the defendant has committed a serious violation against his own wrong and not re-offending, and the victim has already agreed to pay three million won to the victim, and the defendant's age, sex, family relationship, social relationship, etc. are considered] Article 59(1) of the Criminal Act of the same Act, upon conviction of a crime subject to the registration of personal information, the defendant 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 defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became effective, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the defendant suffers due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc.

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