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(영문) 서울중앙지방법원 2017.12.14 2017고정3468
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 31, 2017, around 21:50 on August 31, 2017, the Defendant committed an indecent act by force, such as using and rhying the victim, etc., who is a victim, who is next to the victim, seated in the “C” house located in Seocho-gu Seoul Metropolitan Government, as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements;

1. Application of each police investigation reporting statute;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

2. A fine of one million won to be suspended;

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

4. Article 59(1) of the Criminal Act of the suspended sentence (including the fact that the crime is recognized and the mistake is divided in depth, the fact that the victim does not want the punishment, the fact that there is no record of punishment, and the fact that the defendant does not sentence the punishment, taking into account favorable circumstances, such as the fact that the circumstances before the opening of the crime would not lead to re-offending even if he does not sentence the defendant);

5. Where a suspended sentence is rendered pursuant to the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which a person is not ordered to complete a program, and a judgment of conviction against a defendant who is obligated to submit a program becomes final and conclusive, 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 head of the competent police agency

However, if the suspension of sentence is not invalidated after two years have elapsed since the date the defendant received the suspension of sentence pursuant to Article 45-2 (1) of the same Act and is deemed acquitted pursuant to Article 60 of the Criminal Act, the registration of personal information shall be exempted.

The age, occupation, risk of recidivism, details and background of the crime, method and seriousness of the crime, record of the crime, disclosure order or notification order of the defendant exempted from disclosure order, and the degree of disadvantage that the defendant suffers due to the crime.

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