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(영문) 서울중앙지방법원 2017.07.05 2017고단3329

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 30, 2017, at around 08:50 on March 30, 2017, the Defendant used a large number of people in the subway line D station located in Yeongdeungpo-gu Seoul Metropolitan Government, and repeated the Defendant’s act of cutting off the Defendant’s sexual organ back to about five minutes after being pushed back to the victim E (V, 19 years of age).

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Investigation report (on-site conditions and reasons for arrest);

1. Application of criminal video CD-related Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Penalty fine of 2,00,000 won 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 (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) states that a person subject to registration is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act, on the grounds that a conviction on a criminal fact in the judgment, which is a sex offense subject to registration, has been confirmed, is final and conclusive.

However, if a judgment of suspension of sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of suspension of sentence, 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’s age, occupation, risk of recidivism, and motive for the instant crime.