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(영문) 서울중앙지방법원 2019.05.09 2018고단6411
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

Punishment of the crime

On September 17, 2018, at around 08:15, the Defendant boarded the front line of 4 lines from subway 50, a subway line 4, a subway line 50, the Dobong-ro, Gangnam-gu, Seoul, Seoul, to the Eastern Cultural Park Station located underground in 279, Jungdong-gu, Seoul, the Defendant carried the Defendant’s sexual intercourse into the victim B (n, 28 years of age) and pushed the Defendant’s sexual intercourse into the Eastern Station Cultural Park Station located underground in 279.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Visual images of the closure;

1. Application of CCTV CD-related Acts and subordinate statutes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on August 22, 2018, the Defendant was prosecuted for committing an indecent act against a female in the subway, but was sentenced to a fine of two million won as a crime committed in the Seoul Central District Court on May 1, 2019. In this case, the Defendant committed an indecent act against a female victim in the subway, which is a place of public smuggling, around September 17, 2018.

However, the defendant's age, character and conduct, environment, motive and result of the crime, circumstances after the crime, degree of indecent act, etc., and the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered in consideration of the facts charged.

Where a conviction against a defendant is finalized on the facts constituting an offense on which personal information is to be registered and submitted, 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 such person is the competent authority in accordance with

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