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(영문) 인천지방법원 부천지원 2019.08.14 2019고단1477

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 8, 2019, at around 19:05, the Defendant discovered the victim B (tentative name and female) in the dong-do, In order to operate the curriculum of the station in the 1st century of the Seoul subway on April 8, 2019, and subsequently, the Defendant was able to have approximately five minutes of the Defendant’s sexual flag in the victim’s her butane.

Accordingly, the defendant committed an indecent act on people in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to police investigation reports;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Community Service Orders and Order to attend lectures;

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. The crime of this case on the grounds of sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is an indecent act against a victim in a re-public transport within the same kind of crime in 2017, which is committed by the defendant, who has been subject to a disposition of suspension of indictment on the condition of completion of education, and has no record of criminal punishment.