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(영문) 서울북부지방법원 2013.09.13 2013고단1701
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 07:00 on July 7, 2013, the Defendant: (a) followed the victim D(29 years of age and women) who was under the influence of alcohol in the front of Nowon-gu in Seoul Special Metropolitan City; and (b) tried to “here the same fluent defect,” and (c) lost the body of the victim once.

Accordingly, the victim, after deducting the selling of play, is fastest, and the defendant saw in the future, once again, she saw the victim's blick.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. Article 59(1) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Registration of Personal Information (Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Registration of Personal Information (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) provides that a person whose judgment of conviction has become final due to a sex offense identical to the facts in the judgment, shall be a person subject to registration of personal information.

However, this court has a duty to suspend the sentence of the defendant, and the defendant has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated in accordance with Article 61(1) of the Criminal Act.

When considering the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc. comprehensively.

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