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(영문) 서울중앙지방법원 2014.11.28 2014고단4833
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 25, 2014, at around 08:12, the Defendant: (a) boarded the victim C (n, 26 years of age) suffering from the Unice in the Seoul Southern Line of subway No. 2 in Seoul Southern-gu, Seoul, Seoul, followed by the victim; (b) committed an indecent act against the victim in any means of public transportation, such as: (c) pushed the victim’s sexual part attached thereto; (d) pushed the victim’s her mack part; and (e) taking the Defendant’s hand into the part of the victim’s mack.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a photograph of a dynamic image photograph taken by a suspect at the scene of the crime), a photograph of the flusore photograph;

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 59(1) of the Criminal Act (such as the first and second crimes without any previous conviction, the violation of depth, and the original agreement with the victim) of the suspended sentence, 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 competent authority pursuant to

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and sexual crimes subject to registration which may be achieved due to such order.

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