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(영문) 인천지방법원 2016.03.31 2015고단8314

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 21, 2015, at around 02:00, the Defendant reported the victim D (the age of 27) to the victim D (the age of 27) in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon. Around 02:0, the Defendant committed an indecent act against the victim only when she seems to face the victim’s her salog, such as the victim’s marith, and the victim’s salog.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

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 reason for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and the Order of Community Service (including one time to suspend the execution of imprisonment) was two times of punishment for sexual assault crimes (including one time of the suspension of the execution of the imprisonment), and the place of the crime was committed under the conditions unfavorable to the Defendant, such as: (a) the fact that the Defendant recognizes and reflects the crime; (b) the victim was not subject to the Defendant’s punishment by agreement with the victim; and (c) the fact that the degree of prosecution is relatively minor, etc., shall be considered as favorable circumstances; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, sexual behavior, environment, etc., as

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and obligation to submit personal information, the defendant 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 competent agency pursuant to Article 43 of

However, the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering, and sexual crime subject to registration that can be achieved due to such order.