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(영문) 울산지방법원 2016.12.22 2016고단3874
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 6, 2016, from around 07:55 to 08:03 on the same day, the Defendant committed an indecent act against the victim E (the 25 years old) by accessing the victim E (the knife) who purchased passengers from the “C” in front of the “C” located in the Busan metropolitan bus and the bus passage and entrance stairs, thereby spreading the left hand, and exposing the victim’s knife, and inserting the Defendant’s hand between the victim’s knifebbbbbbbbs, and exposing the victim’s sound.

Accordingly, the defendant committed indecent acts against the victim in the means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant on the ground that the Defendant committed an indecent act on the city bus in the status of a teacher of national or public elementary school who requires high compliance consciousness, and in light of the method and side of indecent act, the degree of the indecent act is very serious. The fact that the Defendant had been suspended of indictment for a similar crime on or around August 2016 immediately before the instant case is very unfavorable, but the Defendant is seriously against the crime, but the agreement with the victim is reached, and the Defendant is actively aware of the personality and conduct of the offense subject to registration of personal information, and the Defendant is obligated to submit personal information to a related agency pursuant to Article 42(1) of the same Act, if the conviction of the Defendant against the sexual crime subject to registration of personal information becomes final and conclusive.

The defendant's age, occupation, risk of recidivism, health status, and type of the crime of this case, exempted from disclosure or notification order.

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