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(영문) 서울중앙지방법원 2017.09.11 2017고정2575
강제추행등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 25, 2017, around 21:30, the Defendant: (a) accessed subway 2 lines E station platforms in Gangnam-gu Seoul, Seoul, from the victim F (V, 24 years old) behind the subway waiting for subway, and (b) committed an indecent act against the victim on his own hand, by making the victim’s right turm her hand only several times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

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

1. A fine of five million won to be suspended;

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

1. Where a suspended sentence is rendered pursuant to the main sentence of Article 16(2) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the suspension of sentence (the fact that the error is against the victim, the fact that the defendant agreed with the victim, and the defendant has no record of criminal punishment other than a fine once) pursuant to Article 59(1) (the main sentence of Article 16(2) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a judgment of conviction of the defendant against the sex crime subject to registration 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.

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 defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the defendant's age, occupation, risk of recidivism, the results and seriousness of the crime of this case, the effect of sexual crime subject to registration that can be achieved due to such order,

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