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(영문) 수원지방법원 2016.03.31 2015고단5741

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:40 on November 8, 2015, the Defendant discovered that the victim E (the 20-year-old) was locked in front of the singing out in the soup singing room, at the time of the Gyeonggi-gu Gyeonggi-si, the Defendant committed an indecent act by making the victim’s right string at 1:2 times the victim’s string at the victim’s right string at 1:5:20 on the same day, and by making the victim F (the 23-year-old string, the 23-year-old string), the Defendant discovered that the victim was locked in front of the above 2-year-old restaurant, as well as that the victim was seated next to the victim, and committed an indecent act by making the victim’s right chest up twice the victim’s hand.

Accordingly, the defendant committed each indecent act against the victims in a densely concentrated public place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of the CCTV recording data to the Acts and subordinate statutes to captures;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant for the reason of sentencing three times, considering the fact that the Defendant was punished for the same kind of crime, the degree of damage to the victims, etc., but the Defendant is in depth of his/her wrong mind, the Defendant continues to receive psychological treatment and mental treatment, the Defendant’s family's strong will to protect the Defendant's family, and other sentencing conditions specified in the records and arguments, including the Defendant's age, sexual behavior, environment, etc., shall be determined as the sentence as ordered.

Where a conviction against a defendant is finalized in relation to a crime in which personal information is to be registered and submitted, 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 same Act

An order for disclosure;