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(영문) 수원지방법원 2020.02.06 2019고단7043
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 30, 2019, the Defendant: (a) around 22:45 on October 30, 2019, at the time when the B bus operating the section of the Seoul Metropolitan Government and Yong-si passes through the nearest area of the bus stops of the Yeongdeungpo-gu Seoul Metropolitan Government, Yong-si, with the intention of committing an indecent act against the victim D (name, age 20) by force; and (b) sit on the victim’s left hand, and bucks and bucks of the victim’s right side with the left hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112Report settlement statement;

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of the suspect's criminal intent taken by the victim);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where the registration of personal information and the conviction of the accused against whom an employment restriction order is issued pursuant to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is finalized, 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of a crime subject to registration to be achieved by an order of disclosure or notification, the preventive effect of a sexual crime subject to registration to be achieved thereby, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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