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(영문) 광주지방법원 2018.11.23 2018고합440
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

Defendant

In addition, around May 30, 2018, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") was boarded in C urban bus service to the education bus stop located in Gwangjubuk-gu Pungdong around 08:29 at the education bus stops located in Gwangjubuk-gu, Gwangju, Seo-gu.

The defendant raised in the E bus stops located in Gwangju Northern-gu, and had a mind to commit an indecent act against the victim F (name, life, age 21) who is the same bus passenger.

The Defendant, on the side of the victim, committed an indecent act on the victim in the bus, which is a mass means of transportation, in such a way that the victim's right bucks and bucks are located.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each ctv photographic statute

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

1. Grounds for sentencing under Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The scope of punishment by law: Imprisonment with prison labor for not more than one year;

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