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(영문) 서울남부지방법원 2014.08.27 2014고단2598
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

【Criminal Power】 On October 5, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Indecent Acts at Open Place) at the Seoul Central District Court.

【Criminal Facts of Crimes” around June 18, 2014, around 19:20 on June 18, 2014, the Defendant used a congested gap in the new forest station of the Guro-gu Seoul Metropolitan City subway 1, which is operated from the new forest station of the Guro-gu Seoul Metropolitan City to the Gu-ro basin, and contacted the victim’s her jum in a state where he opened a brupter and her sexual flag cut out.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports;

1. Previous records: Application of criminal records, etc. and other 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. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Probation and Order to Attending, the Defendant committed the instant crime even though he/she had the record of being punished for the same kind of crime as indicated in its reasoning, and the content of the instant crime also took the sexual organ out of his/her clothes into the victim’s macks, and thus, the nature of the crime is very poor, but it is against the victim’s mistake. However, there is no record of punishment other than the previous conviction in its judgment, and all of the sentencing conditions, including the Defendant’s age, character,

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused 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.

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