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(영문) 수원지방법원 2014.11.28 2014고단5249

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

At around 10:00 on August 27, 2014, the Defendant committed an indecent act against the victim D (the age of 22) who was sitting in the next seat in the village bus No. C 1-1, a village bus, which is operating in the direction of the Suwon-si Madcheon 2, Mad-1, and was living in the middle of the Defendant’s sexual organ, with the victim’s left left bucks, and committed an indecent act at the public smuggling place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims D;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (the period by which the amount of KRW 100,000 is converted into one day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence is that the crime of this case is not good that the Defendant committed the crime of this case, which caused the victim to feel sexual humiliation and displeasure by exposing the bucks of young women who were seated adjacent to the bus.

However, the defendant is aged 75 years of age and suffers from diseases, such as light-level and mixed-type mental disorder, and the above disease seems to have contributed to the crime of this case, and the degree of indecent act is not severe, and the defendant has paid sufficient criminal agreement amount (8 million won) to the victim, and the victim has not been punished, and the defendant has been able to use drugs in depth after the crime of this case, and the defendant is well able to take drugs after the crime of this case, and there are no other records of punishment except for punishment imposed once due to the violation of the Parking Lot Act due to the crime of this case, the sentence of punishment shall be postponed pursuant to Article 59 (1) of the Criminal Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and result of exemption from disclosure or notification order.