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(영문) 서울남부지방법원 2016.06.29 2016고정1387
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 13, 2016, around 13:40 on January 13, 2016, the Defendant passed by the victim C in front of Gangseo-gu Seoul Metropolitan Government, and the Defendant was her her k's k't.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

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 (in cases where punishment is suspended and the defendant does not pay a fine, confinement in a workhouse for the period converted into one day shall be made);

1. Article 59(1) of the Criminal Act (i.e., a punishment to suspend a sentence: a fine of two million won; a defendant is the first offender and the defendant is repenting his/her mistake) of the suspended sentence; in cases where a conviction becomes final and conclusive on the instant criminal facts, 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; thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

However, if 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, 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). In light of the Defendant’s age, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure or notice order, the preventive effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., in full view of the following factors: Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Therefore, it is determined.

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