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(영문) 인천지방법원 2015.06.05 2015고합169
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. On September 18, 2014, the Defendant, on September 18, 2014, committed an indecent act on the victim’s her sexual organ in a public means of transportation, following the victim D (n, 16 years of age) who was aboard the bus No. C 77, in the vicinity of the 220 heat, Bupyeong-gu, Incheon, Bupyeong-gu, 200, while boarding the city bus No. 37, Sept. 18, 2014.

2. On October 2, 2014, the Defendant: (a) boarded the bus No. 08:34, E No. 28-1 on October 2, 2014; and (b) committed an indecent act against the victim in a means of public transportation inside a large flive flock, which was located in the bus around the 107 Ga-dong, Seo-gu, Incheon, Seo-gu, Incheon, after the victim F (n, 22 years of age).

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to each investigation report;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes with the punishment determined by a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (1) of the said Article] among concurrent crimes;

1. Where a judgment of conviction becomes final and conclusive on the facts of a sex offense subject to registration, which is a registration of personal information and a sex offense subject to registration, under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds), the Defendant falls under a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant

The defendant exempted from an order to attend a lecture is now unable to expect the effect of re-offending by an order to attend a lecture in light of his/her intellectual ability or other words, attitudes, etc. in this court, and it is difficult for the defendant to do so.

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