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(영문) 대전지방법원 2017.07.07 2017고정673
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 27, 2017, the Defendant committed an indecent act at the entrance of the “C” toilet located in Sejong Special Self-Governing City B, around 22:35, on January 27, 2017, on the chests of the Victim D (Woo, 19 years of age, and household name) one time.

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Where a judgment of conviction becomes final and conclusive as to the criminal facts stated in the decision on the registration of personal information under Article 59(1) of the Criminal Act (including the fact that the crime is committed and seriously reflects the fact that the agreement was committed, the victim and the original consent was submitted to the investigation agency, and the victim again submitted a written application for a written application to request the court to take advantage of the fact that the defendant had no record of criminal punishment, 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, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, in a case where a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended sentence became final and conclusive, a person subject to registration will be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). When comprehensively considering the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, seriousness of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects that the Defendant would suffer due to the disclosure order or notice order, the preventive effect and effect of the sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the child’s juvenile.

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