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(영문) 수원지방법원 성남지원 2017.05.19 2017고단444
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

Punishment of the crime

On December 14, 2016, the Defendant: (a) 23:45 around 23:45, the Defendant: (b) considered that the victim C (influent, 29 years old) was seated on the side of the train X-gu No. 29 years old; (c) laid down his own left hand on the knee knee; (d) laid down the victim’s right hand over the knee kne; and (e) fluentd the victim’s right hand over the train in a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on each of the certificates referred to in D and E;

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 (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend: The defendant has the same criminal records, and the crime of this case is committed in a train that should be used in a peaceful manner and thus the nature of the crime is not good: The defendant is led to the crime of this case, his/her confession and reflectness, receipt of a letter of suspicion from the injured party, and other circumstances under Article 51 of the Criminal Act shall be determined as ordered by taking into account all the circumstances under Article 51

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to registration to be registered 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 obligated to submit personal information to the head of a related agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance.

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