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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On August 23, 2014, the Defendant participated in Eriart in the management department of C University and the national network of C University.
On August 24, 2014, around 08:00, the Defendant: (a) viewed that people drink all alcohol to the room; (b) she did not have any means in the room of the said room; (c) held the victim FF (23 years of age, female) her chest her chest hered from the floor of the said guest room as his/her hand; and (d) forced the victim to sustain with the victim.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the accused by the prosecution (a reply type once);
1. Application of the police protocol of statement to F;
1. Article 299 and Article 298 of the Criminal Act concerning criminal facts, the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in the workhouse for the period converted 10,000 won into one day);
1. Article 59(1) of the Criminal Act (the postponement of sentence: fine 2,500,000 won; fine 2,500,000 won is led to the confession of a crime and is in depth against the person committed the above crime under the influence of alcohol; the victim commits the above crime in a contingent manner; the victim shall be paid damages 5,00,000 won; the victim shall agree with the victim and the victim shall not be punished; and the victim shall not be punished) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive as to the crime subject to registration of a sex crime subject to submission of personal information, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information
Supreme Court Decision 2014Do3564 Decided November 13, 2014