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(영문) 서울남부지방법원 2016.01.22 2015고단4851

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

1. On September 9, 2015, around 18:20 on September 18:20, 2015, the Defendant closely adhered to the subway 2 lines E, subway 2 lines in Seocho-gu Seoul Metropolitan Government, after the victim F, etc., the Defendant committed an indecent act against the victim at a place where the victim’s chests are concentrated by sticking the victim’s sexual organ closely to his her her her tur, and by selling the victim’s chests to the public.

2. On September 9, 2015, around 18:25, the Defendant committed an indecent act against the victim in a place where the public is concentrated by closely breaking the Defendant’s sexual organ into his/her mar, marb, etc., in the subway 2 line H station of subway G located in Seocho-gu Seoul Metropolitan Government, with his/her subway inside the train, after the victim I (n and she).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report on investigation (to attach images to crimes committed, hear victim F statements, hear victim I statements);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Taking into comprehensive account the Defendant’s age, occupation, risk of repeating a crime, the details and motive of a crime, the method and seriousness of a crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc. under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, there exist special circumstances in which the disclosure of personal information may not be disclosed pursuant to Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse;

Thus, the defendant is judged.