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(영문) 대전지방법원 천안지원 2017.06.02 2017고단728

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for one year.

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

On February 11, 2017, the Defendant: (a) within the sixth guest car of the Cheong-ri Cheong-ri Cheong-ri B (n, 28 years old); (b) reported that the victim B (n, 28 years old) was set up at the entrance in order to get off the water station; and (c) committed an indecent act against the victim by taking the victim’s her own knife at the Defendant’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes of D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. As to the punishment of sexual assault crimes under disclosure orders and notification orders, the punishment shall be determined as ordered in consideration of the various sentencing conditions indicated in the instant trial proceedings, including: (a) a fine for the same kind of crime under the same law as the grounds for sentencing under Articles 47(1) and 49(1) main sentence of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes; (b) a fine for the suspension of execution of imprisonment with prison labor; (c) a person who has been punished for a suspended sentence; (d) a person who has not been recovered; (d) a person is against whom damage was not recovered; and (e

Where a conviction becomes final and conclusive on a crime in the judgment that is subject to the registration of personal information, it 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 thus, it is obligated to submit personal information to the competent agency pursuant to Article 4