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(영문) 수원지방법원 안산지원 2014.05.21 2014고단307
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On 17:46 on 08. 02. 17:46, the Defendant: (a) boarded on buses in front of the Gangnam Station of Seoul subway 2, which are means of public transportation; (b) confirmed that the victim D (the age of 22) who was seated on the side of the bend while the passenger was going around the subway 4 line; and (c) committed an indecent act against the victim, such as holding the left hand in front of the Southern Station of the Seoul subway 2, by inserting a music on a earphone; and (d) committing an indecent act against the victim, such as making the victim d(the age of 22), who was seated on the side of the bend Station of the subway 4 line.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs (the gap between the victim and the Kakao Stockholm submitted by the victim);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Penalty fine of KRW 1,000,000 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 provides that Article 59(1) of the Act on Special Cases Concerning the Registration and the Punishment, etc. of Sexual Crimes under Obligation to Submit Personal Information (including the fact that the defendant recognizes the crime in this case and reflects his mistake in depth, the victim does not want the punishment of the defendant, and the defendant is the initial offender) of the suspended sentence shall be subject to registration of personal information after a conviction on the crime in the judgment that constitutes a sex offense subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to a related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the event that the suspension of sentence becomes invalidated pursuant to Article 61(1) of the Criminal Act, since the sentence is suspended against the defendant.

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