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(영문) 수원지방법원 성남지원 2016.11.08 2016고단2461

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six 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

1. On April 2016, the Defendant committed the crime of Haman on April 1, 2016, at around 09:00, committed an indecent act by force against the victim at a public smuggling place in a manner that makes it possible for the victim to use the right knee through gals of the victim’s knife, knife, and knife in the front line of the subway No. 2, the subway No. 37-4, located in Seongdong-gu, Seoul, to the knife of the knife of the knife.

2. On May 27, 2016, around 09:04, the Defendant: (a) committed an indecent act by force against the victim on the front-dong car, which is located after the victim D (Inn, 31 years of age) of the subway No. 431-1, located in the subway No. 2, Jung-gu, Seoul, Seoul, by using the victim’s left side buckbucks to knee, in a way that the Defendant took part in the front-dong car, which is a public smuggling place, within the front-dong car of 431-1, which entered the front-dong Station of the subway No. 431-1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each photograph, each CD-related statute;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Penalty for Sexual Crimes, and the Selection of Imprisonment [Consideration of the fact that no agreement is made with the victim and that the same victim has been repeatedly committed on two occasions, etc.];

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and the first offense);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 a related agency pursuant to Article 4

The age, occupation, risk of recidivism, type of crime, motive, process of crime, result and seriousness of crime of the defendant exempted from the disclosure order or notification order;