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(영문) 서울중앙지방법원 2018.02.09 2017고정3680
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 people in means of public transportation, places of public performances or assemblies, or other densely-populated places.

Nevertheless, around September 23:30 on September 12, 2017, the Defendant committed an indecent act against the victim’s victim’s OO ( South, 27 years old) who was divingd in the E Babs or the individual waters room located on the first floor of Seocho-gu Seoul Metropolitan Government D underground, by cutting off the victim’s sexual organ in his/her hand, and committing an indecent act against the victim’s sexual organ in a bath, which is a place where the public is densely concentrated, by cutting down the hand on the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made withO;

1. On-site reports on results of field identification and notification of the results of appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 three 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 Act of the Suspension of Pronouncement of Sentence [The confession of a crime by a defendant is against the person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, where a suspended sentence is suspended pursuant to the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of which a defendant is exempted from ordering orders, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Even in cases where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive and immediately becomes a person subject to registration and becomes liable to submit personal information, and it shall be deemed to be acquitted after two years have elapsed since the judgment of suspension

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