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(영문) 대구지방법원 2018.09.20 2018고단3133
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 14, 2018, the Defendant: (a) boarded F urban bus within the shooting distance of the E Hospital located in Daegu Northern-gu, Daegu-gu, Daegu-gu, on May 14, 2018; (b) on the front seat and the bus windows, the Defendant laid down his hand on the front seat and was seated and was seated on the front seat.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Complaint;

1. Application of the Acts and subordinate statutes to a investigative report (a CCTV image analysis and caps in a bus), investigation report (a photographing in a bus), and investigation report (a photograph attached to a photograph on the fluoring side of a bus);

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 two million won to be suspended;

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

1. Where a judgment of conviction becomes final and conclusive as to the facts constituting a crime in the judgment of conviction as to the registration and submission of new information under Article 59(1) of the Criminal Act (i.e., the first offender, and the voluntary completion of education to prevent recidivism of sexual assault, etc.) (see, e.g., Supreme Court en banc Decision 200Do422, Apr. 1, 200). As such, the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc

However, if it is deemed that a defendant was acquitted after two years have elapsed since the judgment of the suspended sentence in this case became final and conclusive, he/she shall be exempted from the obligation to submit personal information as a person subject to registration (see, e.g., Supreme Court Decision 2014Do3564, Nov. 13, 2014). An order to disclose information, the age and occupation of the defendant, the risk of recidivism, the type and motive of the crime in this case, the age of the victim, the relationship with the victim, and the degree of disadvantage the defendant suffers due to the above order.

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