logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2016.04.20 2015고단2499
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to intellectual disability.

On November 22, 2015, the Defendant discovered the victim E (nive, 51 years of age) in a hotel room located in the Busan Suwon-gu, Busan, on November 22, 2015, around 04:48, the Defendant committed an indecent act against the victim at a densely-populated place by putting the victim’s knives in the wall where the victim was covered by the knives of the knives.

around 04:10 on September 11, 2015, the Defendant committed an indecent act by force by force, such as making a net bucking that the Defendant reported that he would be able to do so at the victim H (19 years of age, n, etc.) within the center of the 3rd floor of soup 100 Gbuck-gu, Busan, and that he would be able to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and H;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the consideration that the defendant is a intellectual disabled person);

1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure and notification order; (b) Articles 49(1) proviso and the proviso to Article 50(1) proviso of the Act on the Protection of Children’s Sex Offenses (the registration of new information alone appears to have the effect of preventing recidivism to a certain extent; and (c) the Defendant’s age, family relationship; (d) the background and process of the instant crime; (e) the benefits and effect expected by the disclosure and notification order of this case; and (e) the disadvantages and side effects therefrom.

arrow