Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On September 17, 2014, at around 12:00, the Defendant committed an indecent act against the victim at a place where he was a means of public transportation, where the victim C (V, 29 years of age) was placed in front of the subway station platform of subway 2, which was located in Songpa-gu Seoul Olympic Games, with left hand.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
1. Penalty fine of 2,00,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59(1) of the Criminal Act (including the degree of indecent act, the circumstances after the crime, the degree of reflection, the primary crime, the age of the defendant, etc.) of the suspended sentence becomes final and conclusive upon conviction of the criminal facts indicated in the judgment against the defendant who has registered personal information, the defendant shall be subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the head of a police office having jurisdiction over his/her domicile
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.
(see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In light of the details of a crime subject to exemption from disclosure order or notification order and the details of a crime subject to exemption from disclosure order, punishment history, etc., it is determined that the disclosure of personal information constitutes a special case where the disclosure of personal information is prohibited pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, such order is not issued.