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(영문) 대구지방법원 서부지원 2016.03.10 2015고단2112
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant discovered the victim D (n, 22 years of age) in front of the “C” cosmetics located in the Daegu-gu Seo-gu B, Daegu-gu, around 01:30, and committed an indecent act by force on the part of the victim by inserting the hand over to the victim’s bridge that had been raging out from the victim’s post, and by inserting the hand over to the victim’s bridge.

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 crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act (in cases where punishment is suspended and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 10,000 won into one day) of the Criminal Act;

1. Article 59(1) of the Criminal Act (the sentence to suspend a sentence: a fine of KRW 3,00,000; a fine of KRW 3,00,000; a confession is made in depth and reflects the degree of conduct; a victim’s compensation is minor; the victim is not subject to punishment; the victim is not subject to punishment for the defendant; and the judgment of conviction is finalized on the facts constituting a crime indicated in the registration of new information, taking into account the fact that the victim is the initial offender; etc.), 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; thus, 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 void after the judgment of suspended sentence became final and conclusive, the defendant is 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, motive of the crime in this case, method of crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury can be achieved due to such order.

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