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(영문) 인천지방법원 부천지원 2013.07.03 2013고단874

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

【Criminal Power】 On February 21, 2012, the Defendant was sentenced to a fine of 1.5 million won by a Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

【범죄사실】 피고인은 2013. 4. 23. 08:12-08:25경 부천시 원미구 심곡동에 있는 부천역에서 동인천발 용산행 급행전동차에 승차한 후 부천역에서부터 신도림역에 이르기까지 약 13분 동안 전동차내에서 피해자 C(여, 22세)의 등 뒤에 밀착하여 피고인의 성기를 피해자의 엉덩이에 대고 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and the selection of imprisonment with prison labor, which are applicable to the relevant criminal facts and the selection of a sentence;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there is no electricity of the same kind as imprisonment or heavier punishment or that there

1. Where this judgment becomes final and conclusive as to whether a person subject to registration or an order to disclose personal information under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused notified the accused that he/she is a person subject to registration of personal information pursuant to Article 42(2) of the same Act and is obligated to submit personal information

However, an order to disclose or notify registered information shall not be issued in light of the defendant's age, occupation, results and crimes of the crime of this case, and the degree of disadvantage to the defendant due to disclosure or notification, anticipated side effects, etc.