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(영문) 서울남부지방법원 2019.09.18 2019고단2527

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 12:30 on April 20, 2019, the Defendant committed an indecent act against the victim in a densely concentrated place by approaching the victim D, who was self-employed, in a soup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70 (1) of the Criminal Act (100,000 won per day) in the custody of a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. Where a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete education (the suspension of sentence, and failure to complete order is suspended), and a judgment of conviction on the facts constituting a sex crime subject to registration is subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is obligated to submit

However, if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspension of sentence pursuant to Article 45-2 (1) of the same Act, he/she shall be exempted from the obligation to submit personal information.

In full view of the following circumstances: (a) the Defendant’s age to be exempted from the disclosure and notification order and the employment restriction order; (b) the type and content of the crime; (c) the process of the crime; (d) the social interest expected by the disclosure order and the employment restriction order; and (e) the prevention effect of sexual crimes; and (e) the disadvantage and anticipated side effects of the Defendant, etc., the disclosure and notification of the Defendant’s personal information; or (e) the Defendant’s notification order and the employment restriction order should not be issued