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(영문) 서울북부지방법원 2016.04.14 2015고단4142
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On November 14, 2015, at around 12:00, the Defendant discovered the victim E ( South and 44 years old) who was locked in the “D Dogna” water surface room located in Dobong-gu Seoul Metropolitan Government, and committed an indecent act against the victim in the Magna or the water surface room, which is a place where the general public is concentrated, by inserting his hand into the victim’s humbbucks, continuing to meet panty with panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence ( normal consideration, such as: (a) the Defendant’s mistake and reflects his depth; (b) there is no history of criminal punishment against the Defendant; and (c) the victim does not want the punishment against the Defendant by mutual consent with the victim);

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new information, 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 pursuant to Article 43 of the same Act.

However, after the judgment of suspended sentence against the defendant has become final and conclusive.

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