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(영문) 서울중앙지방법원 2016.01.29 2015고단5913

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 13, 2015, around 18:34, the Defendant committed an indecent act against the victim by taking the victim’s her sexual part into the victim’s her sexual part, after G train 3-3 K (n, 27 years old) that proceeds from the subway No. 9 line E in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. A fine of 2,00,000 won to be imposed on the suspension of sentence;

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

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [the defendant is the first offender, the defendant is against his own mistake, and the victim does not want the punishment against the defendant. Considering the defendant's age, sex, occupation, family relationship, social relationship, etc., the defendant's age, sex, occupation, family relation, social relationship, etc., which is a sex offense subject to registration to be registered] Article 59(1) of the Criminal Act (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 the defendant is obligated 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 acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended 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 (Supreme Court Decision 2014Do3564 Decided November 13, 2014). Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of the protection of the victim, etc.