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(영문) 서울중앙지방법원 2018.11.09 2018고정2039
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 24, 2018, from around 08:04 to 08:15, the Defendant committed an indecent act three times against the victim C (20 years of age, female) who was in front of the train in operation of the subway line 4 located in the subway line located in Seongbuk-gu Seoul, Jung-gu, Seoul, to the Chuncheon Station located in 248, Jung-gu, Seoul, Jung-gu, Seoul, on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of theD;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 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 Act (i.e., the defendant is the first offender, the defendant is the first offender, the victim does not want the punishment of the defendant in agreement with the victim, the victim was provided with psychological counseling and mental treatment to not repeat the crime after the instant case, and other facts constituting a sex crime subject to registration, which is subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and upon confirmation of conviction, 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 acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, 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). An order to disclose information, an order to disclose, or an order to disclose, the criminal records, age, occupation, risk of recidivism, motive for and progress of the crime, seriousness of the crime, disclosure order, and employment restriction order.

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