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(영문) 의정부지방법원 2019.01.24 2018고정1245
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 09:00 on May 10, 2018, the Defendant committed an indecent act against the victim in a densely concentrated place, such as the victim B (n, 26 years of age) in the subway 4 line 5 line 308 subway 4 line 5 line 308 subway 4 line 308 subway 4 line 199 from the Jung-gu air route in Seoul, Jung-gu, a large number of unspecified people, after the passenger B (n, 26 years of age) in the subway 4 line 4 line 199 line .

Summary of Evidence

1. Defendant's legal statement;

1. A statement of damage;

1. Application of Acts and subordinate statutes concerning arrest inspectors;

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 of KRW 1,00,000, which is to be suspended; and

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

1. Article 52(1) of the Criminal Act (Article 52(1) of the suspended sentence (Article 52(1) of the Criminal Act provides that the defendant shows his attitude to recognize the crime and repent his fault in depth; Article 52(1) of the same Act provides that the victim and the victim have smoothly agreed with the defendant; Article 52(2) of the same Act also appeals against the defendant; Article 52(3) of the same Act is the first offender; and

1. In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order, the preventive effect and effect of a sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victims, etc., the Defendant’s personal information shall not be disclosed, notified or ordered to be placed in a child or juvenile-related institution, etc., in full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: the Defendant’s age, occupation, risk of recidivism, and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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