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(영문) 서울남부지방법원 2016.09.28 2016고단3329

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On 06. 08:15 on 07. 06. 08:07. 08. 07., the Defendant: (a) attached even on the left side of the victim B (the age of 24) who was in the rest of passengers inside the subway 2, which was operated on the fest side of the fested side of the fested side of the passenger in Gwangjin-gu, Seoul Special Metropolitan City, the Defendant pushed the victim's right side and pushed the victim's body, and tightly pushed the victim's chest into the victim's chest.

Accordingly, the defendant committed indecent acts against the victim in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photograph images of the suspect taken by CCTV;

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

1. A fine of two 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. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence appears to have caused the victim to feel a considerable sense of sexual humiliation due to the instant crime for the reason of sentencing under Article 59(1) of the Criminal Code, but the Defendant would not repeat the Defendant’s mistake in depth and in the future.

The sentence will be suspended by taking into account the following factors: (a) the first offender who has no criminal history before, and has no criminal history; (b) the disabled in the third degree of mental disorder; and (c) the sentencing conditions as shown in the records and arguments.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 relevant agency pursuant to Article 4

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, 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).