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(영문) 부산지방법원 동부지원 2016.04.15 2016고단132

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six 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

On December 11, 2015, at around 23:35, the Defendant, from the industrial tower located in the Southern-gu New-dong, Ulsan-gu, Busan, to the Busan metropolitan traffic Daegu-do side, called "B" to the back seat of the driver's seat located in the cross-city bus "B" to the victim C (V, 17 years of age) who was sitting in the rear seat of the driver's seat located in the cross-city bus "B", and committed an indecent act against the victim at a densely-populated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Two video CDs in C’s statement;

1. Statement made by the police against D;

1. In full view of the facts acknowledged by the evidence duly adopted and investigated by this court, the victim’s statement is specific and natural, it is difficult to find any motive to identify the Defendant, and ② the statement or CCTV image of a shoter D also conforms to the victim’s statement, at least there was an intentional indecent act committed against the Defendant at least at least at the time, in full view of the following: (a) investigation report (limited to attachment of CCTV for a vehicle) and CCTV video data (the Defendant did not intentionally contact the victim’s body; (b) the victim’s statement is specific and natural, and it is difficult to find any other motive to find

[Determination] Application of the statute

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Article 21 (2) and (4) of the Act on the Protection of Sex Offenses of Children and Juveniles obliged to provide community service or attend lectures;

1. There is no record that the accused has been punished for a sex crime and the characteristics of the instant crime, etc., that there is a risk of recidivism of a sexual crime committed against the accused, in light of the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Sex Offenses against Children exempted from disclosure and notification orders;

It is difficult to conclude, the registration of personal information, and the completion of sexual assault treatment programs can make it possible to prevent recidivism to a certain extent.