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(영문) 서울서부지방법원 2018.01.31 2017고정1643
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 28, 2017, the Defendant: (a) around 14:50 on July 28, 2017, on the subway No. 2, the subway No. 1 located in Dongdaemun-gu Seoul, Seoul, on the subway line No. 1, to the direction of sexual water station, and was seated next to the subway No. 3 (Sbucks, 21).

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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 per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence [The confession of a crime by a defendant, is against the victim, the defendant recovers and agrees on monetary damage to the victim, the fact that the defendant is aged and intellectually disabled person, his family relationship, social relationship, etc. are considered] Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order] Article 16(2) of the same Act provides that when a suspended sentence is suspended, the defendant cannot be imposed any order to complete the program, and the conviction of the criminal facts in the judgment that constitute a sex offense subject to registration to be submitted becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment,

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. Provided, That if a person is deemed acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, he/she shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014).

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