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(영문) 서울중앙지방법원 2018.12.21 2018고정2298
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 16, 2018, the Defendant committed an indecent act against the victim in a place where the victim D (the age of 21) took away his/her sexual whistles in the subway platform of subway 2 located in Gwanak-gu Seoul Special Metropolitan City around 07:25, while pushing his/her sexual whistles in the subway while the victim D (the age of 21) took her sexual whistles in the subway, and repeats his/her his/her his/her sexual whistles in the middle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to video recording CDs with a photograph taken by cutting down the fluor video images;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine of two million won to be suspended;

1. Articles 69(2) and 70(1) of the Criminal Act to attract a workhouse;

1. Article 52(1) of the Criminal Act of the Suspension of Sentence (Article 52(1) of the Criminal Act provides that the defendant recognized the crime and divided his mistake in depth, the victim and the defendant agreed smoothly after the prosecution was instituted, and the victim also appealed against the defendant, there is no record of criminal punishment prior to the crime of this case, and there is no other way of opening the situation when considering the defendant's age, sexual conduct, relationship with the victim, circumstances after the crime, etc.)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that a person is the first offender; the fact that the person is the first offender; the fact that the risk of recidivism of a sexual crime is likely to be low in light of the details and circumstances of the criminal committed by the criminal defendant; the criminal defendant may have the effect of preventing re-offending even if he/she

In addition, the social benefits expected by the disclosure order, notification order, and employment restriction order, and the prevention effect of sexual crimes, and the disadvantage of the defendant resulting therefrom.

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