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(영문) 수원지방법원 2013.11.07 2013고단5166
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 August 8, 2013, at around 18:05, the Defendant committed an indecent act on the victim in a bus, which is a means of public transportation, in such a way that the Defendant 15-minutes down the Defendant’s sexual flag on the left shoulder part of the victim’s left shoulder while boarding J bus at the bus stops in front of the I Station located in Gangnam-gu Seoul Metropolitan Government, and seated in front of the seat where the victim K (V, 25 years old) is seated.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Application of L’s written Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant is against the defendant and the fact that the victim cancels the complaint);

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and the accused is obligated to submit personal information

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, on the ground that the accused’s age, occupation, progress and seriousness of the crime, disclosure or notification order, the degree of disadvantage and expected side effects of the accused accused's entry, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc. are considered comprehensively.

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