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(영문) 수원지방법원 성남지원 2018.08.10 2018고단1224
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 18, 2018, the Defendant committed an indecent act by force against the victim E (the 22 years of age), who was an employee, in the course of drinking with the man and drinking, in the form of “D” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, Sungnam-si, in his/her hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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 to attract a workhouse;

1. Article 59(1) of the Criminal Act (the punishment to be suspended: 3 million won, detention in a workhouse: 100,000 won per day) of the suspended sentence [The defendant has no record of criminal punishment exceeding the same criminal record and fine; the defendant shows his attitude to make a confession and seriously reflect on the crime in this case; the defendant appears to be under the influence of alcohol to the extent that he is unable to hold his body at the time; the degree of conduct is not excessive; the victim and the victim expressed his intention not to be punished by mutual consent]; and the conviction of the crime in the judgment to be registered becomes final and conclusive, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since he is subject to registration of personal information under Article 42(1) of the same Act.

However, if a judgment of a suspended sentence against the 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 Defendant’s age, occupation, risk of recidivism, the type and motive of the instant crime, process of the instant crime, disclosure order, notification order, and employment restriction order are deemed to be exempted from the obligation to submit the personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014).

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