beta
(영문) 서울동부지방법원 2019.07.05 2019고단256

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four 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 November 7, 2018, around 10:13, the Defendant committed an indecent act against the victim in the subway train that is a place where the general public is concentrated by taking the victim’s body down from the back of the victim B (n, 26 years of age) to the children’s large park station in the subway 7 subway stations located in Gwangjin-gu, Seoul Special Metropolitan City to the children’s large park station.

2. On November 10:15, 2018, the Defendant committed an indecent act on B at the above location, and committed an indecent act on the victim’s left hand on the side of the victim C (the victim’s 24 years of age) by using the victim’s sound book once and using it as rhythm in a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement in C and B;

1. The report of internal investigation (No. 6) and each investigation report (No. 9, 11).

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Exemption from an order of disclosure or notification under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 47(1) and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall be considered.