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(영문) 인천지방법원 2017.12.20 2017고단6039
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2017, around 19:30, the Defendant discovered the victim C (the age of 29) who suffered the horses in the subway station, which opened 40-gil-ro 47, Guro-gu, Seoul at the center of Guro-gu, Guro-gu, Seoul, with the 40-ro 47-gil-ro, Guro-gu, Guro-gu, Seoul, and then laid down the knife with the knife in the knife of the damaged, and committed an indecent act against the victim by gathering the knife with the knife of the damaged.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Victim uniforms photographs (the defendant and his defense counsel did not commit the act identical to the above facts constituting the crime, and the evidence submitted by the prosecutor alone alone is insufficient to recognize the fact that the defendant committed an indecent act against the victim. However, the victim made concrete statements in investigative agencies and courts about the situation at the time of the crime, the form and circumstances of the crime, and the circumstances in which the defendant was designated as the offender, and there is no doubt that the statement is false.

As a result of the examination of evidence, the defendant committed an indecent act against the victim by means of injuring the victim's body, such as facts constituting an offense.

[Determination]

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction against a defendant is finalized in regard to the crime of a sex crime subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, and order to disclose the personal information may be achieved by issuing an order to disclose the information.

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