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(영문) 서울중앙지방법원 2013.07.26 2013고단3536
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On May 25, 2013, at around 21:45, the Defendant committed an indecent act on the side of the victim B (the age 27) seated at the edge of the passenger seat in subway 5 line, which is a means of public transportation in Songpa-gu Seoul Mcheon-gu, Seoul. On May 25, 2013, the Defendant: (a) committed an indecent act by putting the victim on the side of the victim B (the age 27), who was seated at the edge of the seat; and (b) buckbucks, who was reported by the victim; (c) committed an indecent act by the public personnel dispatched after receiving a report from the victim, in the process of taking the Defendant and the victim back in the subway 5 Line, and committed an indecent act by making

Summary of Evidence

1. Partial statement of the defendant;

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

1. The police statement concerning B;

1. Application of B’s written statements and written complaints-related Acts and subordinate statutes

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc. concerning criminal facts;

1. Penalty fine of 2,00,000 won 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 (i.e., the initial crime and the fact that the crime is seriously against the offender, the details of the indecent act, etc.);

1. Article 48(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted shall become a person subject to registration of personal information when a conviction of a sex offense in the judgment becomes final.

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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