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(영문) 청주지방법원 영동지원 2016.09.29 2016고단63
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 5, 2016, the Defendant committed an indecent act against the victim C (V, 30 years of age) on the part of the victim knee and knee in the means of public transportation by using the victim kne and knee and gel in one time with the victim kne and gel in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

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

2. Fine of 2,00,000 won to be suspended; and

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

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration or submission of personal information under Article 59(1) of the Criminal Act of the suspended sentence, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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 after the judgment of suspension of 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 (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). Personal information shall not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the Defendant’s age, occupation, risk of recidivism; the type and motive of the instant crime; the process of the crime; the seriousness of the crime; the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order; the effect of preventing sexual crimes subject to registration that may be achieved; and the protection of victims thereof.

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