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(영문) 대구지방법원 서부지원 2016.02.04 2015고단2015
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 25, 2015, the Defendant, at the main point of “D” located in Suwon-gu Busan Metropolitan City, around 03:25 on October 25, 2015, reported that the Defendant was making ice ice ice ice ice ice ices E, an employee of the Defendant, and then committed an indecent act against the victim by using his her son or her son as one hand.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 be suspended: fine 2,00,000 won, the Defendant appears to be the first offender and to reflect in depth the Defendant’s crime, and the indecent act is relatively minor, and the victim is not punishable against the Defendant) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where the conviction becomes final and conclusive on the facts constituting a crime on which new information is registered, the Defendant is subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to relevant agencies 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, 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, motive of the instant crime, method of crime, consequence and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, and the subject of registration that can be achieved due to such order.

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