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(영문) 서울동부지방법원 2014.07.25 2014고단649

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be ordered to be put on probation for one year.

Reasons

Punishment of the crime

On February 10, 2014, around 06:15, the Defendant was approaching the victim D (Woo, 21 years old) who was able to get in a direct bus No. 3707 operated in a diving direction at the bus bus stops in Jin-gu, Jin-gu, Jindong-si, Namyang-si, Seoul, and became her hand and her body.

In addition, after the Defendant was lowered from the Songpa-gu Seoul locked Station, the Defendant got her her son by following the victim.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

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

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (the fact that the crime of this case is recognized and is in depth divided, the defendant is a juvenile remaining 17 years old and over 11 months old at the time of committing the crime, and there is no history of other criminal punishment except the suspended indictment for the crime of public performance and obscenity, and the social relationship

1. Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Article 59-2(1) of the Criminal Act provides that when a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive, a person subject to registration of personal information shall be subject to registration.

However, this court has suspended the sentence against the accused, and the accused shall submit personal information to the related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where the suspended sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.