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(영문) 서울남부지방법원 2018.11.28 2018고단4322

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 11, 2018, around 19:30, the Defendant: (a) 40 subway lines 40 subway lines 9 of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) Haak-ro, 5:0, 50, 40 subway lines 40 subway lines 9; and (c) 19:0, the Defendant, at the time when the electric vehicle was in motion, was in motion, was divided into the victim’s right chest with his left elbbows when the electric vehicle arrives in the high speed terminal station.

Accordingly, the defendant committed an indecent act against the victim in the subway train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

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

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that the criminal defendant is repenting and seriously against the criminal defendant, the victim does not want the criminal defendant's punishment, and the degree of the criminal act committed by the criminal defendant is serious;

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of new information is confirmed, the accused 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 the accused is obligated to submit personal information to the head of the relevant agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, a person subject to registration will be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order, or notification order, resulting in the possible side effect and side effect of the Defendant’s disadvantage.