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(영문) 광주지방법원 2017.10.19 2017고단3498
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

around 18:50 on June 14, 2017, at the bus stops in Gwangju Macheon Terminal bus stops, the Defendant was boarding D urban bus in the direction of the common use of Gwangjubuk-gu, and followed by the victim E (V, 18 years of age). The Defendant her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (STV video verification);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. If a judgment of conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (a) of the Suspension of Sentence (a confession and reflects the fact that it is made against the victim, the fact that the victim’s legal representative has agreed on the registration of personal information, the defendant’s occupation, status, family relationship, etc.) and on the judgment that is a sex offense subject to registration to be submitted, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

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.

In comprehensively taking into account the Defendant’s occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the consequence and crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victims thereof, etc., Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the protection effect of the victims thereof.

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