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(영문) 의정부지방법원 2017.05.19 2016고단4586
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 31, 2016, at around 07:24, the Defendant committed an indecent act by hand against the victim C (a name, leisure, 41 years old)’s sexual part in the 7-1 square column of the electric vehicle that operates the Changdong Station located in the Changdong Station in the Dobongsan Station of Dobong-gu Seoul, Dobong-gu, Seoul, about 964-33, in the Dobongsan Station of 11-ro 77, Dobong-gu, Seoul.

2. On September 1, 2016, around 07:24, the Defendant committed an indecent act by making up approximately two minutes of the victim’s bucks and bucks with whom the name cannot be known in the same manner at the same place (at the beginning of 30th).

3. On September 2, 2016, around 07:24, the Defendant committed an indecent act by committing an indecent act by committing about 2 minutes a part of the victim’s negative part (at least 30 seconds) whose name cannot be known in the same manner at the same place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of the relevant Acts and subordinate statutes of each report on internal investigation and accompanying photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

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 suspended execution;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the victim protection, in a comprehensive manner.

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