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(영문) 서울북부지방법원 2018.11.08 2018고정1383
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 15, 2018, at around 08:35, the Defendant attached his sexual flag to the her her macker, after the victim D (V, 20 years of age) within the dong-dong that operates a space between the Eastern History Cultural Park Station located in Seoul, Jung-gu, Seoul, Jung-gu, 279, in the Handong-ro 1, Seongbuk-gu, Seongbuk-gu, Seoul.

Ultimately, the Defendant committed an indecent act against the victim in a means of public transportation which is a densely concentrated place by the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to criminal video CD1;

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 two million won to be suspended;

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

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the fact that the defendant has recognized the crime from the beginning and repented the wrongness thereof, the victim has agreed with the victim, the defendant does not want to be punished, the defendant has no particular criminal records, the defendant's age, sexual conduct and circumstances after the crime, etc., and the conviction on the crime of this case, which is a sex offense subject to registration to be registered, becomes final and conclusive, the defendant becomes 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 obliged to submit personal information to related agencies pursuant to Article 43 of the same Act.

Provided, That if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date on which he/she receives a suspended sentence pursuant to Article 45-2 (1) of the same Act, the registration of personal information shall be exempted.

The defendant enters the military court due to the defendant's age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, disclosure, notification and employment restriction order.

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