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(영문) 서울중앙지방법원 2014.08.27 2014고단4792

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 07:40 on April 16, 2014, the Defendant: (a) committed an indecent act at a public gathering place, such as rice bucks, etc., in a fluoring train where: (b) the Defendant pushed the body of the victim in front of the subway No. 1, a subway No. 1, a vice-ro, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-ro, with the victim’s 30 years old; (c) the victim was pushed down with the victim’s left hand; and (d) the victim’s buckbucks in front of the fluoral basin, with the victim’s fluoring her body, caused the victim’s fluoring her body and her left hand to her left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the fact that the defendant is seriously against his/her will and that he/she has no record of the crime above the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is that the defendant confessions the defendant and reflects his/her wrongness in light of all the circumstances, including the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., and if the conviction of the defendant against the crime subject to registration of personal information becomes final and conclusive, the defendant is 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 the related agency pursuant to Article 43 of the same Act.

The Defendant’s age, occupation, risk of recidivism, and type, motive, and motive of the instant crime.