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(영문) 수원지방법원 성남지원 2014.09.17 2014고단770
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 22, 2013, at around 20:30, the Defendant committed an indecent act against the victim on a bus which is a means of public transportation, such as making physical contact with the victim D (20 years old, female) who was seated next to the passenger transport vehicle (C) that operates the section from Daejeon Complex to Seoul High Bus Terminal, and making it possible to take a bath to commit so that the victim’s bridge may be unbucked and unbucked by hand.

Summary of Evidence

1. Defendant's legal statement;

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

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. The suspended sentence was suspended against the Defendant who registered personal information under Article 59(1) of the Criminal Act (including the degree of indecent act, the circumstances after the crime, the degree of reflectivity, the victim’s non-existence of the previous punishment, and the fact that the suspended sentence is not previous). If the suspended sentence becomes invalidated pursuant to Article 61(1) of the Criminal Act, the Defendant becomes a person subject to the 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 head of the competent police office having jurisdiction

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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