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(영문) 서울남부지방법원 2016.12.09 2016고단4803

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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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 August 25, 2016, around 08:50 on August 25, 2016, the Defendant: (a) boarded F Bus in the E Station located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) pushed the victim’s her sexual part into his her malm, after the victim G (V, 27 years of age, and Ga name) who was first boarding in the same stopping place; (c) when the sexual organ has occurred, the Defendant opened the mal part and committed an indecent act against the victim at a place where the victim’s malm, in which the victim’s malm, is

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of G;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant was disadvantageous to the Defendant, on June 13, 2012, when the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, considering favorable circumstances, such as the fact that the defendant repents and reflects the defendant's wrong, the fact that the defendant has agreed smoothly with the victim, the fact that there is no record of the suspension of execution or higher punishment, etc., the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account all the conditions of the punishment specified in

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused shall be punished for a sexual crime.