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(영문) 서울중앙지방법원 2013.12.04 2013고단5714
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 1, 2013, at around 16:52, the Defendant: (a) boarded at the bus stops in Seoul Central-gu Seoul Central Government Office, which was operated by 250, the bus stops in Seoul Central-gu, Seoul Central-ro 250; and (b) laid down the fright of the victim D (V) who was seated in the bus seat in Seoul Central-ro 250; and (c) committed an indecent act against the victim in the bus located in the public densely-populated place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on video CDs for buses;

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases Concerning the Registration and the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration, becomes a person subject to registration of personal information when a conviction on the facts constituting 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 when the suspension of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

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