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(영문) 수원지방법원 안양지원 2017.09.22 2017고단902

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:15 on February 14, 2017, the Defendant discovered the Victim E (V) waiting for a electric vehicle from subway station D’s subway station D’s subway station (Seoul Seocho-gu Kimpo Airport) located in Seocho-gu Seoul, and discovered the Victim E (V) who was waiting for a electric vehicle, pushed his body strongly after the Victim’s body and boarded the victim into the electric vehicle according to the victim’s body. After the Victim’s body, the Defendant she was even even after the Victim’s body was mixed with passengers concentrated in the electric vehicle, and she committed an indecent act against the victim in the electric vehicle, which is a public transport vehicle, for about five minutes until he arrives in subway G station G station located in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A E-document;

1. Application of Acts and subordinate statutes to a report on investigation (related to statements of victims);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - Unfavorable Circumstances: The heavy nature of the crime in light of the background and content of the crime, the form of the crime, the circumstances before and after the crime, etc.; the fact that there was a criminal record of a fine due to forced indecent act even around 2012; the favorable circumstances: the defendant's age, sex behavior, occupation, family relation, etc. - Other circumstances are against the defendant's wrong circumstances; where the conviction of the defendant against the crime subject to registration becomes final and conclusive, 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 a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, exemption from the disclosure or notification order of personal information.