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(영문) 서울남부지방법원 2015.07.01 2015고단1854

공연음란등

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

[2015 Highest 1854] On April 25, 2015, the Defendant was boarding the bus No. 6513 at the Inndododo-dong Steering Center, Yeongdeungpo-gu Seoul Metropolitan Government on April 19, 2015, and around 19:50 on the same day, the Defendant committed a publicly obscene act by moving the bus to the seat next to the seat of C (V, 39 years old), a female passenger, around the passage of 408 old fire station near the Guro-gu, Guro-gu, Seoul Special Metropolitan City on the same day.

[2015고단1944] 피고인은 2015. 5. 20. 19:40경 종로4가에서 신도림 방향으로 운행 중인 160번 버스(D) 내에서 피해자 E(여, 38세)이 의자에 앉아 있는 것을 보고 피해자의 옆으로 다가가 피고인의 성기를 피해자의 어깨에 비볐다.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

[2015 Highest 1854]

1. Statement by the defendant in court;

1. C’s statement (2015 Height1944);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 245 of the Criminal Act and Article 245 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous criminal record of the same kind, and the fact that he reflects it);

1. Where a conviction against a defendant is finalized with respect to a crime in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a related agency

The age, occupation, risk of recidivism, and type and motive of the crime of this case of the defendant who is ordered to disclose or notify personal information.