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(영문) 울산지방법원 2014.09.25 2014고단1734
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 May 15, 2014, the Defendant, on May 15, 2014, 208:08:15, 239, was living together with many passengers in the bus number C, No. 413, the route number in front of the Dong River Hospital, which was operated by the Defendant, leading to the following parts of the victim D (W, 15 years of age) (W, 15 years of age) who was later a bus driver, coming back with the Defendant’s sexual organ.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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. Probation, community service order, and order to attend lecture under Article 62-2(1) of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes may have the record of committing the same kind of crime, the defendant's first same criminal records are around 1998, and there is a doubt that the defendant's initial criminal records are around 1998, not causing the same crime, and the defendant's initial criminal records are likely to cause sexual humiliation by committing indecent acts against female students on the roads to which he/she belongs, and so he/she shall choose

However, the execution of a sentence shall be suspended in consideration of the fact that the parties agreed with the victim in the instant trial process and that the defendant's sexual disease appears to have been endeavored to treat.

Since it is recognized that the risk of recidivism is reasonable, probation, community service order, and lecture order for sexual assault treatment is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose information: Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse, in extenuating circumstances not to issue such order;

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