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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On July 28, 2015, at around 07:53, the Defendant committed an indecent act against the victim in a place where the public is densely concentrated in a place where the Defendant’s sexual flag emitted in the passenger room of the subway No. 2, which was a means of public transportation, that was moving in the direction of alternate shift from the subway No. 2, the subway No. 3, Seoul Special Metropolitan City, Seoul Special Metropolitan City, was sealed.
Summary of Evidence
1. Statement of the defendant in the first trial record;
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 1,000,000 to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);
1. Article 59(1) of the Criminal Code of the Suspension of Sentence (including the fact that the defendant's mistake is recognized and submitted to an investigation agency a letter of reflective nature as well as a letter of reflective nature to the victim, and that the victim expressed his intent not to punish the defendant, and that there is no record of criminal punishment, including the same criminal record, in addition to the past record of the suspension of indictment, and that there is no record of criminal punishment) of the Criminal Code, which is a sex offense subject to registration and submission of personal information, and where the conviction of the defendant against the defendant 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 the related agency pursuant to Article 4
However, if a judgment of suspension of sentence against the defendant is deemed to be 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, type of crime in this case, motive, process of crime, etc.