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(영문) 서울중앙지방법원 2017.07.20 2017고단1033

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 27, 2016, around 08:27, the Defendant boarded the subway No. 2 located in Gwanak-gu, Seoul Special Metropolitan City in the direction of the company in the subway No. 5-2 column, the Defendant followed the victim, who is even after the victim G (V, 24 years old), and her body and gender part of the Defendant’s body and gender part contacted with the damaged person, etc., and committed an indecent act on the victim in the public means of transportation in such a way that the damaged person’s body and gender part are continuously replaced with the victimized person, etc. by her mar attached after the victim’s mar within the said mar.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a criminal image and a closure photograph);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. A fine of three 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 Act (the first offender who is a relatively old student, the fact that the defendant is recognized as the first offender, the facts charged, the fact that the injured person does not want the punishment against the defendant, and other circumstances such as the defendant's age, sexual conduct, family relationship, social relationship, etc., if taken into account the defendant's age, sexual intercourse, social relationship, etc.) of the suspended sentence becomes final and conclusive, the defendant becomes 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 obliged to submit personal information to the competent 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, 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). The defendant is exempted from the disclosure order and the notification order.