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(영문) 서울중앙지방법원 2017.06.30 2017고단2862
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 23, 2016, around 08:15, the Defendant discovered the Victim E (Woo, 31 years old) who was waiting for a bus at the bus stops located in Speaker-si C, and laid down the Victim E (Woo, 31 years old) between the two parties who suffered the damage, following the Victim's back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 five 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. Article 59(1) of the Criminal Act (the first crime of this case is the defendant, the confession of the crime of this case is divided, the victim and the original agreement is reached, the defendant is 19 years old at the time of the crime of this case, and the present age is 20 years old at the time of the crime of this case, and all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as character and conduct and environment of the defendant, etc., are considered, and the judgment of conviction on the crime of this case which is a sex offense subject to registration of personal information is confirmed, 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, and the defendant is obligated to submit personal information to related agencies pursuant to Article 43

However, if a suspended sentence against a defendant is deemed to be 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 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, process and seriousness of the crime, seriousness of the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury caused by the disclosure order or notification order, the prevention effect of sexual crimes subject to registration, and the protection effect of the victim.

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