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(영문) 서울중앙지방법원 2017.03.10 2016고단6273

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 January 28, 2016, from around 18:48 to 19:05 on the same day, the Defendant: (a) pushed down the Defendant’s lower body part of the Defendant’s body in front of the victim G (the 16th age), and pushed down the Defendant’s lower body part on the lower body of the damaged party; (b) pushed down the Defendant’s lower body part of the Defendant’s body to the lower body part of the victim, and then, (c) pushed the victim’s lower body part of the Defendant’s body part in non-high knife the victim’s knife with non-high kbbbbs.

Accordingly, the defendant committed an indecent act against the victim at the city bus which is a means of public transportation.

Summary of Evidence

1. Legal statement of the witness G;

1. Stenographic records;

1. Application of the Acts and subordinate statutes concerning CCTV images CDs and caps;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant's age, sex, family relationship, etc. is denied, although the facts of the crime are denied, the behavior of the prosecution is committed, the first offender, and other

1. When a judgment of conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

When comprehensively considering the defendant's age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.