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(영문) 인천지방법원 2015.09.24 2015고단4484
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 4, 2015, from around 07:58 to 08:05, the Defendant committed an indecent act against the victim on the electric car, which is a place where the victim’s her son her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to report on investigation (where a person commits a crime, a video recording case);

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. The reason for sentencing under Article 59(1) of the suspended sentence is deemed to have considerable mental impulses and sexual impulses of the victim due to the instant crime for the reason of sentencing under Article 59(1) of the Criminal Act; however, the defendant does not want the punishment of the defendant; the defendant does not want to commit an indecent act; the defendant does not have any criminal records exceeding the previous conviction or fine; the defendant is led to confession, reflects, and is able to lead a healthy life without preventing recidivism; and other various matters specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as shown in the instant records and pleadings, are remarkably significant; thus, the sentence of the defendant shall be suspended.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused 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 competent authority is in accordance with Article 4

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