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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
피고인은 2016. 8. 18. 08:20경 서울 영등포구 당산로 229에 있는 지하철 9호선 당산역에서 동작역 방면으로 운행하는 전동차 안에서 주변이 혼잡한 틈을 이용하여 피해자 D(여, 26세)의 등 뒤에 바짝 붙어 서서 피고인의 왼쪽 허벅지 부위를 피해자의 오른쪽 엉덩이 부위에 가져다 대고 비벼댔다.
As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the draft D;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. A fine not exceeding one million won to be suspended;
1. Articles 70 (1) and 69 (2) of the Criminal Act (100,000 won per day) of the Criminal Act for detention in a workhouse;
1. Where a conviction on a crime subject to registration of personal information becomes final and conclusive under Article 59(1) of the Criminal Act (i.e., the level and degree of indecent act, the victim’s wishing to take the Defendant’s wife, the fact that the victim has no record of criminal punishment, confession and is in violation of depth, and other factors such as the Defendant’s age, character and conduct, family relationship, etc.), the Defendant is 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 Defendant is obligated to submit personal information
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc.