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(영문) 인천지방법원 부천지원 2019.07.17 2019고단1273

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 March 15, 2019, the Defendant: (a) around 08:11, the subway line No. 47-ro 40-gil, Guro-gu, Seoul, operated the subway line No. 47-ro 40-gil, and (b) was pushed down after the victim B (a son, son, 27 years old), etc. crebly concentrated for about about 10 minutes until the said electric car arrives in the new elim, and the part of the sexual flag was flicked by the victim’s amblock in the victim’s amblock, and the victim’s amblock with his hand.

The defendant committed an indecent act against the victim in the previous car where public transportation are concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Police investigation report ( telephone conversations for reference C);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. The crime of this case on the grounds of sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is deemed as the subject of the defendant’s sexual desire and is very bad.

The defendant has received a suspended sentence for the same crime.