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(영문) 서울중앙지방법원 2017.02.10 2016고단8550
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 6, 2016, around 00:20 on October 6, 2016, the Defendant discovered the victim D (nick, 27 years of age) in front of the building in Gangnam-gu Seoul Metropolitan Government, and brought the victim's shoulder by his left hand from the rear side of the victim and by his right hand.

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

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A fine of two million won to be suspended;

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

1. If a conviction of a sex offense subject to the registration of personal information becomes final and conclusive under Article 59(1) of the Criminal Act (the same type as the order shall be determined in consideration of all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant is the principal offender, the fact that the defendant is repented while making a confession of the crime in this case, the fact that the victim and the victim have agreed smoothly with them, the age, sexual conduct, environment, etc. of the defendant, etc.) of the suspended sentence, the defendant is 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

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 (Supreme Court Decision 2014Do3564 Decided November 13, 2014). Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, motive, process and 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 effect of preventing sexual crimes subject to registration that may be achieved, and the effect of protecting the victims of sexual crimes.

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