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(영문) 서울남부지방법원 2017.01.11 2016고단4818
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

[criminal record] On August 12, 2016, the Defendant was sentenced to imprisonment for 4 months and 2 years of suspended execution as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at Seoul Southern District Court on August 12, 2016, and appealed on the 18th of the same month

[2] On July 25, 2016, around 07:35, the Defendant: (a) committed an indecent act against the victims in public means of transportation, such as rain, etc. by pushing the Defendant’s sexual flag, knife, knife, etc. on the victim D’s knife, knife, etc. on the part of the subway No. 9, which was operated from the subway No. 40 to the E station of the subway No. 40, the Defendant: (b) committed an indecent act against the victims and the victims in public means of transportation, etc. by pushing the Defendant’s sexual flag, knife, and knife, knife, etc. on the knife in the knife of the subway No. 9, which was operated by the subway No. 29 to the E station of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Application of Acts and subordinate statutes to a report on investigation (with regard to the details of enforcement);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 by the Defendant is that the Defendant, who was tried with the contents similar to the instant crime, again committed the instant crime, and that the Defendant had the record of receiving conditional suspension of indictment on the ground of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) on October 2013, the nature of the relevant crime is not weak.

However, the defendant's confessions a mistake and reflects his depth, and again, through mental counseling and treatment, will not distort such mistake.

It is hard to say that there is no criminal punishment in addition to the past criminal records.

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