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(영문) 서울서부지방법원 2018.05.09 2018고정54
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 27, 2017, around 23:40 on September 27, 2017, the Defendant, boarding in subway No. 4716 (5-2 canopon the front line of subway No. 4, electric trains No. 4716 (5-2 canopon) and seated in the seat next to the Defendant, and signed the part of the victim’s bridge and buckbucks by hand.

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. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to B

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 two million won to be suspended;

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

1. Where the conviction of the instant case on the registration of personal information of this case becomes final and conclusive under Article 59(1) of the Criminal Act (i.e., taking into account the fact that one’s mistake is against his/her depth, efforts have been made to transfer the amount of two million won to the victim to recover damage, etc.), the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the aforementioned Act

Provided, That if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date on which he/she receives a suspended sentence pursuant to Article 45-2 (1) of the same Act, the registration of personal information shall be exempted.

On the other hand, the defendant's primary crime and the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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