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(영문) 수원지방법원 성남지원 2016.06.28 2016고단904
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 성폭력범죄의 처벌 등에 관한 특례법위반( 공중 밀집장소에서의 추행) 피고인은 2015. 10. 불상 일 06:00 경 성남시 분당구 C에 있는 분당선 D 역 북쪽 계단에서 앞서 가 던 피해자 E( 여, 58세) 을 뒤따라 가다가 손으로 피해자의 왼쪽 엉덩이를 툭 치는 방법으로 피해자를 추행하였다.

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

2. On February 1, 2016, around 06:30, the Defendant publicly obscenity committed an obscene act by openly displaying her sexual organ to the end of the metal machine box located adjacent to the platform of the subdivision D upstream line set forth in paragraph (1) of this Article, even though passengers of subway, etc. were seated, and by displaying her sexual organ to the end of his hand, and making him look at by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV video recording CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (referring to indecent acts in densely concentrated places), Article 245 of the Criminal Act, and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the confession and reflect of the defendant, the primary offender, and the fact that the old health status is not good);

1. Where a conviction against the defendant is finalized in relation to the criminal facts in the judgment that constitute a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type, motive, process of the crime of this case, seriousness of the crime, order of disclosure or disclosure of personal information.

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