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(영문) 서울중앙지방법원 2015.02.13 2014고단9014
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 20, 2014, around 22:20, the Defendant 420 (C) that moved in the direction of active service in the East gate in Seoul, and her seatd by the victim D (the age of 19) and her seatd below the buckbucks.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

1. A fine of 1.5 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 59(1) of the Criminal Act (such as the fact that the defendant acknowledges and reflects the mistake of the defendant, the first offense without any previous conviction, and the fact that the victim and the victim have agreed smoothly) 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

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order and notification of personal information against the Defendant is considered as a special circumstance that may not be disclosed or notified.

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