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(영문) 서울동부지방법원 2014.11.07 2013고단2819
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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

Criminal facts

At around 21:10 on October 19, 2013, the Defendant discovered that the Defendant was seated in the passenger seat, and that the Victim B (V, 25 years old), seated in the passenger seat, was sprinked in the passenger’s seat, was able to commit an indecent act against the victim in a densely densely-populated place by hand in a manner inside the bucks of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of text messages and photographs of crime scenes reported to crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2), (3), and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed against the Defendant, even though the Defendant was punished twice by a fine for the same kind of offense, and the fact that the victim wants to punish the Defendant is disadvantageous to the Defendant.

On the other hand, there is no history of criminal punishment other than the above criminal records, and the fact that there is a social relationship is favorable to the defendant.

In this context, the punishment is determined as ordered by comprehensively taking into account all the conditions of sentencing, such as the degree of indecent act in this case, circumstances after the crime, the defendant's age, character and conduct, family environment,

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be 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 shall be obligated to submit personal information to the relevant agency, as prescribed in Article

The defendant enters the military court due to the age, occupation, risk of recidivism, motive for committing a crime, progress, seriousness of the crime, order of disclosure or notification, of the defendant exempted from the disclosure or notification order.

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