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(영문) 서울중앙지방법원 2015.11.18 2015고단5253

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant: (a) around 08:53, the subway line 2, which runs from the subway line 2, which is located in the Salydong, Dongjak-gu Seoul Metropolitan Government, to the Gangnam Station, followed by the victim C (V, 27 years old), etc.; (b) pushed down the left side bridge; and (c) pushed the victim's sexual flag into the victim's tamp.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding C;

1. Control note;

1. Application of Acts and subordinate statutes to investigation reports (on-site evidence photographs);

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. The reasons for sentencing in Articles 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Course and Article 62-2 of the Criminal Act are two times including the same kind of fine and one time before and after the criminal records of the same crime, and in addition, the defendant has a duty to submit personal information to a related agency pursuant to Article 42(1) of the same Act, in cases where the conviction of the defendant against the crime subject to registration of personal information is finalized by considering the defendant's age, occupation, character and conduct, family relationship, circumstances after the crime, etc., and all of the sentencing factors specified in the record and pleading, in which the defendant did not wish to punish the defendant, but the defendant has a duty to submit personal information to the related agency pursuant to Article 43 of the same Act, because he/she is a person subject to registration of personal information under Article 42(1) of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, disclosure order or notification order shall be disadvantageous to the defendant's entrance due to the defendant's age, occupation, risk of recidivism.