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(영문) 서울중앙지방법원 2015.06.12 2015고단2374
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or any other place crowded with the general public.

Nevertheless, at around 18:20 on February 14, 2015, the Defendant committed an indecent act on the victim E (year 24) by putting off the clothes from Dracks or the surface of the water, which is a place of public smuggling, located underground in the second floor of Jongno-gu Seoul Metropolitan Government C building, and was divingd.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. A fine of 2,00,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (Article 59(1) of the same Act (Article 59(1) of the same Act is the first offender, the defendant is the first offender, reflects his mistake, and does not repeat the crime. The victim shall pay 2 million won to the victim, and the victim shall wish to take into account the defendant’s age, character and behavior, occupation, family relationship, social relationship, etc.) and finally and conclusively becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with

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

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, order of disclosure or notification of personal information, and the degree of disadvantage and anticipated side effects that the Defendant would suffer, can be achieved due to such order.

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