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(영문) 서울남부지방법원 2018.08.17 2018고단1470

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On March 17, 2018, the Defendant, around 23:15, 2018, boarded in the line B of Seoul subway No. 2, and committed an indecent act by taking advantage of the victim E (V, 27 years old), etc., who was in front of the Defendant, and was pushed back to the D station located in Guro-gu Seoul Metropolitan City, and was in front of the Defendant, by taking advantage of the victim E (V, 27 years old).

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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 three million won to be suspended;

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

1. Registration and submission of new information under Article 59(1) of the Criminal Act (i.e., the age of the defendant, the fact that the defendant first completed the education to prevent recidivism of sexual assault, etc.) of the suspended sentence: Where a conviction becomes final and conclusive as to the crime in the judgment of suspended sentence, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

However, if it is deemed that a defendant was acquitted after two years have elapsed since the judgment of the suspended sentence in this case became final and conclusive, the person subject to registration is exempted from the obligation to submit personal information as a person subject to registration (see, e.g., Supreme Court Decision 2014Do3564, Nov. 13, 2014). An order to disclose information, an order to notify, and an order to restrict employment: the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the crime, the victim’s age, relationship with the victim, degree of disadvantage and anticipated side effects of the Defendant’s injury, prevention of sex crimes subject to registration, order to complete the registration of personal information, or order to attend the course, and the effect of protecting