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(영문) 광주지방법원 2020.02.12 2019고단3277

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 of the final judgment.

Reasons

Punishment of the crime

On July 3, 2019, around 18:06, at the bus stops of the “C Elementary School” located in the Mine-gu, Gwangju Metropolitan City, the Defendant: (a) coming from the place where the victim H (n, 25 years old) was in operation between the bus stops in the same Gu D in the “E Middle School” bus stops in the same Gu; and (b) went back twice after the victim, the Defendant her sexual flag portion was left in the her son.

Accordingly, the defendant committed indecent acts against the victim in the public transport, which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to a photographic report (afforested by cutting down a black stuff image) and to a bus booming image fix;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The sentencing of the crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, shall be based on the following: (a) the nature of the crime of this case; (b) the degree and degree of damage; and (c) whether the crime of this case was committed; and (d) the criminal records, age, environment

Where a conviction on a crime in which personal information is to be registered and submitted 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 obligated to submit personal information to the competent agency pursuant to Article 43

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the age, family relationship, and the circumstances leading to the instant crime.