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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant and the victim D (n, 50 years old) are those who work in the “F cafeteria” located in Mapo-gu Seoul Metropolitan Government as the main subsidy.
On October 25, 2017, the Defendant performed a work at the above restaurant on October 25, 2017, 10:30, and she saw her own victim, and her chest was taken by her hand, and her indecent act was committed by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of statutes on CCTV image data at F cafeterias;
1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;
1. Penalty fine of 2,00,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act (i.e., the Defendant is the primary offender, the confession of the offense, the misunderstanding of the Defendant while making a confession, the injured party under an agreement with the victim does not want punishment against the Defendant, and the degree of conduct in the process is relatively heavy) of the suspended sentence becomes final and conclusive in conviction on the crime subject to registration and submission 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 to relevant agencies in accordance with Article 43 of the same Act.
However, if a judgment of a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence, 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). The punishment of a sexual crime is based on comprehensive consideration of the following: (a) disclosure or notification order; (b) the Defendant’s age, occupation; (c) risk of recidivism; (d) the motive, method, consequence, and seriousness of the instant crime; (d) the seriousness of the crime; (e) the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; (e) the preventive effect of the sex offense subject to registration that may be achieved;