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(영문) 서울북부지방법원 2015.08.27 2015고단2063

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 June 8, 2015, around 09:45, the Defendant committed an indecent act against the victim on the subway platform in Seoul Special Metropolitan City, Nowon-gu, with the part of the victim D (n, 37 years old), waiting for trains in the direction platform of the opening of the subway line 4 subway line C in Seoul Special Metropolitan City, Nowon-gu, in his hand. The Defendant committed an indecent act against the victim on the subway platform in which the her her mare 2 to 3 times and the her mare concentrated by the general public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of photograph (Evidence List 9);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. On the grounds of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend the Criminal Procedure, where the execution of a sentence is suspended on the condition of an additional disposition, taking into account the major elements of sentencing, Defendant’s motive for the crime, outline, age, occupation, character and conduct, living environment, family relation, etc., and the execution of the sentence is suspended under the condition of an additional disposition, one time the same record (one million won in 2003) which has no criminal record more than a suspended sentence, and one time the same record of having no criminal record more than a suspended sentence (one million won in 200), the Act on the Punishment, etc. of Criminal Crimes or the investigative agency, carrying the victim as a rather a crime, has poor quality of the crime, no objective trace of endeavoring to recover damage, and the conviction of the criminal record, which is a sex crime subject to registration, becomes final and conclusive, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 42(1) of the Act.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, record of punishment, order of disclosure, or order of disclosure of personal information.