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(영문) 대전지방법원 공주지원 2016.11.18 2016고단294
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 14, 2016, the Defendant committed an indecent act on the part of the victim E (Gam, n, 22 years old) who was unlocked in front of the bus in the following CD bus departing from Ansan on August 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

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 and the Selection of Fines for Crimes;

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 a day);

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (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 is a person subject to registration of personal information, and a person subject to submission of personal information is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, on the ground that a conviction on a crime subject to registration of personal information and a sex offense subject to registration becomes final and conclusive.

Provided, That if a judgment of suspension of sentence against a defendant is deemed to be 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 such.

(1) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively taking account of the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc. (see Supreme Court Decision 201Do3564, Nov. 13, 2014).

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