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(영문) 서울중앙지방법원 2015.11.27 2015고단6110

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2015, at around 08:40, the Defendant committed an indecent act against the victim at a place where the victim was placed at the right her port, amb, etc. in the front 2095 amb, which is operated from subway 2, the subway lines of subway 2,089 to the air defense station in the south-gu Seoul Metropolitan Government Southern cycle.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of crimes;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Course and Article 62-2 of the Criminal Act are as follows: (a) on June 29, 2007, the Defendant was issued a summary order of KRW 1,50,000 by the Seoul Western District Court to a fine of KRW 1,50,000 for the crime of intrusion upon a structure or obscenity; (b) on April 10, 2015, the Defendant was sentenced to a fine of KRW 3 million for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Western District Court on Special Cases concerning the Punishment, etc. of Sexual Crimes; (c) on the other hand, the Defendant’s age, occupation, character and conduct, family relationship, and the circumstances after the crime, etc., and submitted to the related agency the personal information under Article 42(1)4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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