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(영문) 의정부지방법원 2016.04.11 2015고단4132
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

피고인은 2015. 9. 16. 07:55 경 의정부시 평화로 363 지하철 1호 선 회룡역부터 서울 도봉구 도봉로 964-33 지하철 1호 선 도봉산 역까지 사이의 인천 행 전동차 안에서 피해자 C( 여, 18세) 의 뒤에 가까이 다가가 엉덩이에 피고인의 성기를 밀착시켜 비비고, 피해자가 피고인을 바라본 뒤 그 자리를 피하자 피해자를 뒤따라 가 엉덩이에 피고인의 성기를 비볐다.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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 on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed again even though the defendant had the record of punishment for the same kind of crime, and again committed the crime in this case despite the defendant's occupation is related to the place of crime, the defendant committed the repeated crime despite his or her mistake, the defendant is deeply divided into his or her own mistake, and the sentencing conditions shown in the records and arguments, such as the defendant's age, sexual behavior, environment, etc., shall be determined as the order.

Where a judgment of conviction against a defendant on the criminal facts in the judgment that is a sex offense subject to registration and obligation to submit personal information 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 relevant agency pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of the crime, order of disclosure or notification of personal information disclosure or notification, and the degree of disadvantage of the defendant resulting from the order of disclosure or notification.

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