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(영문) 서울중앙지방법원 2015.10.30 2015고단4649

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 18:00 on July 7, 2015, the Defendant committed an indecent act on the part of the victim by closely sticking the victim’s buck and macking the sexual flag that was pushed about to the victim’s her her her her her m in the left hand, attached to the right side of the victim D (the age of 27) within 9647, No. 3-3 can be said to run in the high speed terminal station of subway 9, which is located in the subway line of 188 by the distribution of the Seocho-gu Seoul, Seocho-gu.

As above, the Defendant committed an indecent act against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. A fine of 2,00,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act is the first offender, the defendant is against his mistake, and the victim does not want the punishment against the defendant. Considering the defendant's age, character and conduct, occupation, family relationship, social relationship, etc. that the victim does not want the punishment against the defendant, and considering the defendant's age, character and conduct, occupation, family relationship, social relationship, etc.) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, upon confirmation of conviction on the crime subject to registration, the defendant is a person subject to registration

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The exemption of a personal information disclosure order or notification order is due to the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and seriousness of the instant crime, and order of disclosure or notification.