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(영문) 서울동부지방법원 2018.01.11 2017고단3095

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 27, 2017, around 2:30, the Defendant committed an indecent act against the victim at the scene of the E University Life Science University located in Seoul Special Metropolitan City E, and at the scene of the victim F (M, 18 years of age)’s pathy in the victim F (M, F, 18 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and G;

1. CCTV recording sides of a suspect who enters a living course or school hall;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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. Penalty of one 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. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the Defendant’s mistake was committed in this court, the first offender is considered, and the crime of this case is minor) of the Criminal Code (see, e.g., Supreme Court Decision 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) and where a conviction on the crime of this case becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and thus, the Defendant is obligated to submit personal information

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive, and the person is immediately liable to submit personal information as a person subject to registration. Provided, That if a judgment of suspension of sentence is deemed acquitted after two years have elapsed since the judgment of suspension of 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 (see Supreme Court Decision 2014Do3564, Nov. 13, 2014; Article 45-2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders. Articles 47(1) and 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders.