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(영문) 서울중앙지방법원 2015.10.16 2015고단5002
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be ordered to be put on probation for one year.

Reasons

Punishment of the crime

At around 19:00 on August 7, 2015, the Defendant: (a) aboard and moving subway 3 lines from the D Station located in Seocho-gu Seoul to the E Station located in Jung-gu, Seoul, but after the victim F (V, 28 years of age), the Defendant’s hand, etc. was unfilled, and the Defendant’s hand, etc. was flicked, and committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of F’s written Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. A fine of 1,500,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act is the first offender, and the defendant should not make a second offense against his mistake in the late court, and should not make a second offense in the late court, and the defendant should pay five million won to the victim and fully agree with the victim (Submission of a written agreement dated October 7, 2015), the victim did not want punishment against the defendant, and the defendant's age, character and behavior, occupation, family relationship, social relationship, etc. should be considered

1. If a conviction on a sex crime subject to registration of personal information under Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Article 59-2 of the Criminal Act 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, etc. of Sexual Crimes, and is obligated to submit personal information to

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, and the method and consequence of the crime.

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