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(영문) 서울남부지방법원 2015.04.17 2014고단5086

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 of the final judgment.

Reasons

Punishment of the crime

On November 19, 2014, at around 19:00, the Defendant, within the subway station of 117-21 new-do subway station, the subway station of 17-21, the subway station of the subway station, 17-21, Dong-do, Inncheon-dong train, etc., followed by the victim D (Inn, 24 years of age). The Defendant was pushed down with her sexual flag in her straw, and committed an indecent act against the victim for about five minutes of non-hulled rice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to a photograph to commit a crime, portable image;

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

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

1. Based on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the punishment as ordered shall be determined by taking into account all the factors of sentencing indicated in the records and arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, developments leading to the crime, degree

The unfavorable circumstances: The circumstances in which the defendant was sentenced to a fine for the same crime at the Seoul Western District Court on December 19, 2011: The defendant is under the duty to submit personal information to related agencies pursuant to Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in case where the conviction of the defendant against the criminal facts of a sex crime subject to registration becomes final and conclusive on the grounds that he/she is a person subject to registration of personal information under Article 42 (1) of the same Act, because the defendant is a person subject to registration of personal information under Article 42 (1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is under the duty to submit personal information pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant to issue an order to disclose or notify personal information.