logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.02.04 2015고단5443
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 16, 2015, the Defendant organized the tables at D points located in Osan-si C around 22:52 on October 16, 2015.

With the lapse of 18 years old, the victim E (n, 18 years old), the victim's right mbuck was used from bucks to her mbbbbb, so that the part of the victim's right macks became useless.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes to CCTV photographs;

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 KRW 1,500,000 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. Where a conviction against the defendant is finalized as to the facts constituting a crime in which the defendant is liable to register and submit personal information under Article 59(1) of the Criminal Act (such as the reflection of the defendant, the degree of damage by the victim, the defendant's agreement with the victim that the injured person does not want punishment of the defendant, and the defendant is the first offender who does not have any criminal history), 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 thus, the defendant is obligated to submit personal information to the related agency pursuant to Article 43

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended sentence became final and conclusive, 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). It is reasonable to comprehensively consider the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims.

arrow