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(영문) 광주지방법원 2016.01.06 2015고단4524
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person with mental disorders of Grade II, who has a sense of gender in the same female.

On July 28, 2015, at around 20:50, the Defendant committed an indecent act by force on the part of the victim C (the 27-year old), who was seated above the left side, at the top seat of the top seat of the shuttle bus B in Gwangju, Gwangju, where the Defendant was operating the Docheon-si Highway at the Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri Do-ri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes governing certificates of persons with disabilities;

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

1. Penalty fine of KRW 1,000,000 under the suspended sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting the amount of KRW 100,000 into one day) by the detention in a workhouse;

1. Article 59(1) of the Criminal Act (including 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, in cases where a conviction on a sex crime subject to registration becomes final and conclusive, which constitutes a sex offense subject to registration, by registering personal information and to submit personal information, (including a mental disorder of a defendant is Grade II, and a mistake is repented as a primary offender), the defendant is obligated to submit personal information to the competent 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 null and 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 and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant’s injury due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the protection of the victim, etc. shall be comprehensively taken into account.

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