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(영문) 서울중앙지방법원 2016.09.23 2016고단3568
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 02:00 on November 25, 2015, the Defendant returned his body that he was seated in a 'D' club located in Seocho-gu Seoul, Seocho-gu, Seoul, and then reported the Victim E (V, who was 25 years old) on the lower table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Penalty of a fine not exceeding two million won to be suspended;

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

1. Article 59(1) of the Criminal Act (i.e., 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, when a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, on the ground that his/her meast is a person subject to registration of personal information under Article 42(1) of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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