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(영문) 서울중앙지방법원 2016.09.02 2016고단769
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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

1. Around December 22, 2015, the Defendant committed an indecent act at a public smuggling place, such as the Defendant’s knee and knebbbbbbb in the passenger car of subway-7 lines operated in the direction of sublimining the sublime zone, around December 22, 2015, at the C Station located in Dongjak-gu Seoul Metropolitan Government.

2. Around 22:25 on the same day as paragraph 1, the Defendant assaulted the victim by continuously cutting the Defendant and using the victim’s own hand alone at one time, at around the time when the said subway arrives in the subliminary zone.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement of each police statement of D and E;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that he/she denies the fact of crime, such as the father and degree of indecent act

1. When a conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant 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 is obliged to submit personal information to the competent agency pursuant to Article 43 of

The age, occupation, risk of recidivism, motive, progress 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 prevention and effect of sexual crimes subject to registration which can be achieved due to such order, and the victim protection.

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