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(영문) 수원지방법원 평택지원 2017.09.06 2017고정318

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 14, 2017, at around 08:06, the Defendant, at the subway E line located in Gangseo-gu Seoul Metropolitan Government, committed a sexual indecent act against the left side of the victim F (V, age 24) by using the gap where the surrounding areas are congested while taking a sudden driving train in the subway section E line located in Gangseo-gu Seoul Metropolitan Government D, and by using the gap where the surrounding areas are congested.

As such, the Defendant committed an indecent act that causes sexual humiliation to the victim within the populated electric vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. When a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (a) of the Suspension of Sentence (a confession, reflectment, first offense, and the victim’s consent to punish the defendant, and other consideration of the defendant’s age, sex, environment, etc.) of the Criminal Act, which is a sex offense subject to registration to be registered, 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 competent agency under

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of crime, severity of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, prevention of sexual crimes subject to registration, and the effect of protecting the victim shall be comprehensively considered.