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(영문) 부산지방법원 서부지원 2018.11.09 2018고단1352
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 2017. 11. 15. 07:30 경 부산 사상구 B에 있는 C 호텔에서 출발하여 부산 사상구 주례로 47 동서 대학교까지 운행하는 주식회사 동남 운수 D 시내버스에 반도 보라 아파트 버스 정류장에서 탑승한 후 피해자 E( 여, 17세) 의 뒤에 서서 성기를 피해 자의 엉덩이에 갖다 대고 비볐다.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement to E;

1. Each report on investigation;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances, etc., for the following reasons);

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. The reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Employment shall be selected in consideration of the fact that the defendant was punished by a fine for the same kind of crime in 2003 and that the victim who is a female student shall be punished by imprisonment;

It is also recognized that the defendant has led to a crime from the early stage of the investigation, committed a mistake, committed not only three times but also other crimes, including the previous criminal records of the same kind, and there is no record of crime for the last ten years, and the victim does not want the punishment of the defendant by agreement with the victim in the course of the investigation.

Based on such circumstances, the punishment shall be determined as ordered in full view of all the factors of sentencing, such as the circumstance leading the Defendant to the instant crime, the detailed method of the crime, the degree of damage, the circumstances after the crime, and the age, sex, criminal conduct, environment, family relationship, health status, and social ties.

Judgment that is a sex offense subject to the registration and submission of personal information.

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