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(영문) 서울중앙지방법원 2015.11.20 2015고단5841

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be ordered to be put on probation for one year.

Reasons

Punishment of the crime

On August 31, 2015, at around 08:24, the Defendant committed an indecent act against the victim for about six minutes in a way that sets back the E train (Outline) 5-3 can run from the subway 2 lines located in Gwanak-gu, Seoul Special Metropolitan City, to the private station. On August 31, 2015, the Defendant committed an indecent act against the victim for about six minutes in a way that embhers embel of the victim F (V, 26 years of age) are fasted with the Defendant’

Accordingly, the Defendant committed an indecent act against the victim in the previous car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to a photograph by cutting off video images at the control site;

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 of 2,00,000 won to be imposed on the suspension of sentence;

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

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act is the first offender, and the defendant is against his/her mistake and does not repeat the crime. It shall be paid one million won to the victim, and the victim does not want the punishment against the defendant under a mutual agreement between the victim and the victim (Submission of the written agreement dated October 30, 2015), the age, character and conduct, occupation, family relationship, etc. of the defendant

1. If a conviction on a sex crime subject to registration of personal information under Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Article 59-2 of the Criminal Act becomes final and conclusive, 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

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, and notification order of personal information disclosure or notification order.