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(영문) 서울중앙지방법원 2017.02.07 2016고단9289
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 3, 2016, at around 05:00, the Defendant d in Gangnam-gu Seoul Metropolitan Government “E” and her hand dumped in the side of the victim F (the age of 28) in Gangnam-gu, thereby committing an indecent act against the victim in a public densely-populated place where, by hand, the victim’s right-hand clothes, the victim’s bucks and suckbucks are circulated, the victim’s hand humbs and humbucks are cut down, the victim’s hand is put up in a sobry, and the victim’s hand hums are taken up up to the bottom of the chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement;

1. Application of statutes on field CCTV photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Four months of imprisonment to be suspended;

1. When a conviction on a sex offense subject to the registration of personal information is finalized under Article 59(1) of the Criminal Act (the first crime, the first crime, the confession and the depth of the instant crime, and all other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, family relationship, etc.), the Defendant is obligated to submit personal information to the competent agency in accordance with Article 43 of the same Act, as 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.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of crime, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, prevention of sexual crimes subject to registration, and the effect of protecting the victim.

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