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(영문) 서울서부지방법원 2016.12.07 2016고단3018
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 August 30, 2016, the Defendant: (a) around 18:02, the Defendant: (b) 40, Jinnaro-ro, Yeongdeungpo-gu, Seoul, and subway lines 9, and the passengers concentrated in the crehion of the electric vehicle that was operated in the mountain basin in the subway station located in the subway station, and (c) fluened by the victim C (V, 28 years old); and (d) fluened by the Defendant, the Defendant carried down an act of fluoring the lower body of the victim into the victim’s butt

Accordingly, the Defendant committed an indecent act against the victim on the front-time vehicle, which is a means of public transportation, for about two minutes until he arrives in the mountain basin.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in writing C;

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. Although there was a history of being sentenced to dismissal of prosecution or sentenced to a fine for the same kind of punishment for the same offense as the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against a female on board the subway for the purpose of committing an indecent act against a female on the date and time stated in the crime, the perpetrator committed an active and planned crime (in the investigation record 3 pages, 13-16 pages), and not committed an indecent act against a victim, and the degree of the indecent act is not easy, and the execution of the sentence is suspended in consideration of the circumstances, such as the confession of the crime and the fact that there is no record of being sentenced to imprisonment without prison labor or heavier punishment. In the event that the conviction of the accused on the registration of personal information of this case becomes final and conclusive, the accused is obligated to submit personal information to the related agency under Article 43 of the above Act.

However, in light of the fact that the content of crime, criminal history, and registration of personal information alone can bring about the effect of preventing recidivism to a certain extent.

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