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(영문) 서울남부지방법원 2016.10.14 2016고단3554

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four 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

At around 09:00 on June 15, 2016, the Defendant: (a) placed the part of the sexual flag in the victim D (V, 64 years old) after the rapid train train that operates subway 9 line C stations located in Yeongdeungpo-gu Seoul Metropolitan Government, and the rest of the concentrated passengers.

The Defendant committed an indecent act against the victim in the electric car, which is a place of public smuggling, until he arrives in the old-saccination by the foregoing method.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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. Probation, community service order and order to attend a lecture, Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Grounds of the Punishment, etc. of Sexual Crimes did not completely recover from the victim’s sexual humiliation and displeasure despite the occurrence of the crime in this case. The victim wanted the punishment of the defendant, and the defendant has a record of being fined two times or more for the same crime, etc. are disadvantageous to the defendant

However, it shall be considered that the defendant repents and reflects the defendant's mistake, and that the defendant has no record of punishment more than a suspended sentence, etc., in favorable circumstances, and the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account all the sentencing conditions specified in the records and arguments of the case,

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is subject to registration and submission of personal information, the accused 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 the relevant agency pursuant to

disclosure order; or