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(영문) 서울중앙지방법원 2016.07.08 2016고단2525
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 14, 2016, from around 09:16 to around 09:24, the Defendant: (a) 8 minutes, such as the Defendant’s sexual flag, buckbuck paper, and the victim’s buckbuck paper, her son, etc., her son, her son, her son, and her her son, who she was on the front-time operation of subway No. 2 located in Dongjak-gu Seoul Metropolitan Government, from around 09:16 to around 09:24.

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 made by the police against the victim;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Penalty of a fine not exceeding 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. If a conviction on a sex offense subject to the registration of personal information becomes final and conclusive under Article 59(1) of the Criminal Code (a) of the Suspension of Pronouncement of Sentence (a agreement with the victim that does not want the punishment of the defendant, the first offender, the second offender, the violation of depth, the university student, and other factors such as the character and conduct, family relationship, social relationship, etc. of the defendant) of the Criminal Code, 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 thus, the defendant is obligated to submit personal information to the competent agency

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, motive for and method of the crime in this case, consequence and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury, and the subject of registration that can be achieved therefrom.

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