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(영문) 서울중앙지방법원 2016.09.21 2016고단4736
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 7, 2016, at around 08:25, the Defendant committed an indecent act on the part of the public means of transportation in a manner that sets down the gap in which passengers are concentrated on the front side of the subway 7 lines located in the Dongjak-gu Seoul Metropolitan Government (n, 33 years old), such as other victims E (n, e.g., the victim’s left side of the bridge, by unfolding the victim’s left side side with the unfolding her and leaving side of the victim’s left side.

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 and Selection of Fines concerning the crime;

1. Penalty fine of KRW 1,500,000 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 Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2007Da4248, Apr. 1, 2007) provides that 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 obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act.

However, if a judgment of suspension of sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of crime, consequence and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victims.

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