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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On September 1, 2015, around 18:55, the Defendant: (a) boarded the electric car operating from the Seoul subway E station in Seocho-gu Seoul Metropolitan City to F Station; (b) boarded even after the victim G (n, 22 years of age). Around September 1, 2015, the Defendant committed an indecent act against the victim in a means of public transportation for approximately four minutes by closely sticking the sexual flag attached to the victim, such as the victim, within the electric car, to his her mack, by using the congested gap in the electric car.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes of the police statement protocol to G;
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 fine of 2,00,000 won to be suspended;
1. Articles 70(1) and 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 (see, e.g., Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) of the Suspension of Sentence (see, e.g., Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a conviction against a defendant is finalized, the defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to a relevant agency pursuant to Article 43 of the same Act.
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 (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The defendant’s age, occupation, risk of re-offending, type and motive of the instant crime, process of the instant crime, seriousness of the crime, disclosure order or notification order, and the degree of disadvantage and anticipated side effects of the defendant’s injury, thereby resulting.