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(영문) 제주지방법원 2020.04.22 2019고단2690
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2019, at around 18:40, the Defendant boarded the bus of E company F, which is operated from the bus stops in front of the Southern-Eup Office to D, the Defendant committed an indecent act against the victim on the bus, which is a populated means of public transportation, such as 10 minutes away from the right side of the victim G (a name, leisure, 26 years old), sitting down on the seat of the victim G (a name, the 26 years old), standing on the front side of the victim’s right side, and the rain between 10 minutes and 10 minutes away on the upper half of the frame.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of photographic Acts and subordinate statutes by cutting down bus booms images;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime; (c) profits and effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning

The defendant's mistake in sentencing.

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