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(영문) 서울중앙지방법원 2018.10.05 2018고정1654

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 6, 2018, around 17:50, the Defendant committed an indecent act against the victim at a densely concentrated place for about eight minutes from the high speed terminal station station in subway lines of Seoul Seocho-gu, Seoul, for the purpose of 188, subway lines of 9 to the station area of the Kimpo Airport in the subway line of 188, the subway lines of 9, following the victim C (n. 25 years of age), with his/her upper half of back to the victim who caused the sexual intercourse, such as fasting his/her back to his/her her upper half of back to his/her her ambane to the ambane.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the attachment of a victim's written statement), investigation report (limited to the cases where the victim's self-written statement is accompanied by evidential images and other images to the suspect

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 fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 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 of the Suspension of Pronouncement of Sentence (the fact that the defendant recognized the crime and misunderstanding in depth, the defendant did not reach an agreement because it does not contact with the victim, but the defendant seriously expressed his intention from an investigative agency to this court to the point that the defendant was living in good faith without any criminal history, the defendant appears to be currently preparing for employment, the defendant's age, sexual conduct and relationship with the victim, and other circumstances after committing the crime of this case, which are subject to obligation to register and submit personal information, are confirmed, and the defendant is obligated to submit personal information to a related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

However, the Criminal Act shall be applied after two years have elapsed from the date on which the defendant was suspended from his/her sentence pursuant to Article 45-2 (1) of the same Act.