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(영문) 서울중앙지방법원 2018.03.22 2018고정199
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 20, 2017, around 00:16, the Defendant committed an indecent act by force against the victim E (here, her son) who is dancing in Jongno-gu Seoul Metropolitan Government “D”, while the Defendant passed behind the victim E (here, her son).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement;

1. Application of the statutes governing CCTV images CDs in the instant field;

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 three million 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. Where a suspended sentence is rendered pursuant to the main sentence of Article 16(2) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (the first offender who has no record of crime, the payment of the agreed amount to the victim, the fact that the defendant has agreed on the payment of the agreed amount to the victim, the fact that the defendant's wrong recognition of his/her own mistake is seriously against him/her, and other circumstances such as the defendant's age, occupation, sex, family relationship, and conditions before and after the crime) of the Act on Special Cases

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive, and the person is immediately liable to submit personal information as a person subject to registration. Provided, That if a person is deemed acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, he/she shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014; Article 45-2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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