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(영문) 서울중앙지방법원 2020.01.22 2019고단6975

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 16, 2019, at around 18:59, the Defendant sent the victim’s chests to the direction of Kimpo Airport Station 9 in the Dongjak-gu Seoul subway line located in 220, Dongpo-ro, Dongjak-gu, Seoul, 200, in the direction of Kimpo Airport Station, facing the victim B (the victim’s name, leisure, 32 years old). On the top of the Defendant, the Defendant sent back the victim’s chests to the victim’s hand, and contacted the victim’s hand.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (the name of the injured party B)

1. Application of Acts and subordinate statutes to photograph the victim's boom situation where he/she became aware of the boom;

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

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 against Probation and Order to Attend Courses;

1. The reason for 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 committed the instant crime without being aware of the fact that the Defendant had been subject to two criminal punishment for the same crime as the instant case, and thus, committed the instant crime

(However, the current suspended execution period was too excessive). The degree of indecent conduct is more severe, and the victim was not able to be used.

However, the defendant acknowledges his mistake, and makes efforts to prevent recidivism such as receiving psychological treatment and pharmacologic treatment.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive when a conviction on the facts constituting a crime on which personal information shall be registered and submitted.