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(영문) 수원지방법원 성남지원 2016.07.15 2016고단1009
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

To order the accused to undergo a protective observation for a period of one year.

Reasons

Punishment of the crime

At around 19:00 on March 7, 2016, the Defendant committed an indecent act against the victim of approximately 7 and 8 minutes of the Defendant’s sexual organ by pushing his her her mare together, after the victim F (F, 15 years of age) who was in a cret of concentrated passengers aboard the train in the direction of women in Seocho-gu Seoul Metropolitan City.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. A fine of 3,00,000 won to be imposed on the suspension of sentence;

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

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the defendant is the first offender, the defendant is not guilty, reflects his mistake in depth, and does not repeat again, the fact that the defendant paid 30 million won to the side of the victim and agreed smoothly with the victim, and other consideration of the defendant's age, sex, occupation, family relation, etc.);

1. If a conviction on a sex crime subject to the registration of personal information under Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 59-2 of the Criminal Act becomes final and conclusive, 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, and gravity of the crime.

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