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(영문) 수원지방법원 안산지원 2016.06.15 2016고단1331
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On March 29, 2016, at around 09:09, the Defendant discovered the Victim G (n, 25 years of age) who was suffering from the F Station platform in Yeongdeungpo-gu, Seoul, EM subway No. 9, Seoul, to commit an indecent act against the victim. The Defendant reported the victim to take a sudden train in the direction of the high speed terminal station, reported the victim to take aboard the rapid train in the direction of the high speed terminal station, followed by the victim, and caused the Defendant’s sexual organ by attaching the victim’s mar, and led the victim to commit an indecent act against the victim by using the Defendant’s sexual organ against the Defendant’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (a written statement attached to a victim);

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

1. Article 62(1) of the Criminal Act provides that the crime of this case is committed after the expiration of the period of suspension of execution, even though the defendant was led to confession and reflects by the defendant, and the defendant had a record of punishment of suspended execution due to similar crimes, but the crime of this case is in the extension of the period of suspension of execution of execution of similar crimes.

It is not visible that the defendant except the above punishment history has no particular history of punishment except three times before and after the fine of different punishment.

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to registration and submission of new information, pursuant to Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account family relations, the circumstances before family relations, etc.), the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a police officer under his/her jurisdiction pursuant

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