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(영문) 수원지방법원 2017.02.16 2016고단6226
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 7, 2016, from around 00:56 to around 00:58, the Defendant boardedd the seat bus (E passengers) operated in the direction of the port of stopping in Seoul New Active Bus, and committed an indecent act by the Defendant, on his hand, at the time of moving the victim to the vicinity of the expressway G resting in the G Stack-si-si, G Stack-si, G Stack-si, G Stack-si, which was seated in the left-hand seat of the victim F (AF).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F;

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 (a) of the suspended sentence (a) of the same Act (afford that the defendant seriously reflects his mistake and does not repeat the same;

In a case where a conviction against a defendant is finalized in relation to a crime that is a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to the relevant 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 since the judgment of suspended sentence became null and void, the defendant is exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). This is due to the defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, seriousness of the crime, disclosure order or notification order.

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