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(영문) 서울중앙지방법원 2019.01.16 2018고단7193

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four 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

On June 1, 2018, at around 08:54, the Defendant committed an indecent act against the victim by putting the Defendant’s sexual flag exposed to the victim E (V), etc., attached thereto, within the rapid dynamic vehicle of subway No. 9 that is operated in the direction D Station in the direction of D Station in Dongjak-gu Seoul Metropolitan Government, by taking advantage of the gap where the surrounding areas are mixed, and by taking advantage of the difference in the victim E (V, age 30).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. A report on investigation (related to details of inspection);

1. Application of five Acts and subordinate statutes to a course of closure;

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

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

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the Republic of Korea shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the arguments and records.

The defendant was punished for a fine for the same kind of crime.

Due to the crime of this case, the victim is suffering from mental pain up to now.

The favorable circumstances: there is no particular criminal history other than the criminal records of the above fine.

The defendant recognizes his crime.

Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to registration and submission of personal information, 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

The defendant's age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, disclosure notification, and employment restriction order is exempted from the disclosure and notification of personal information, and employment restriction order.