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(영문) 서울동부지방법원 2016.05.20 2016고단409
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2015, at around 08:27, the Defendant: (a) 08:27, from the subway line D located in Songpa-gu Seoul Metropolitan City, the Defendant: (b) taken a train with the victim E (V, 33 years old) in the electric train located in Samsung Station located in Songpa-gu, Seoul, to the breath of Samsung Station; and (c) micked the victim after the victim’s scam, etc.; and (d) micked the Defendant’s sexual flag to the Defendant’s macker with the Defendant’s mack, and kicked the Defendant’s mack with the Defendant’s mack by using the congested gap, and kicked the victim’

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of the Acts and subordinate statutes governing the criminal place

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend: The defendant's personal information is subject to registration and personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes because the defendant has not been subjected to a suspended sentence due to the same kind of crime, and even if the defendant has not been subjected to it, it is against the defendant's recognition of and against the favorable circumstances in preventing the crime of this case under the same Act. The victim by mutual agreement with the victim does not want the punishment of the defendant. The defendant's age, sex and environment, family relation, motive, means and consequence of the crime, relationship with the victim, and circumstances after the crime, etc. are considered as conditions for sentencing indicated in the records, and if a conviction becomes final and conclusive, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details of the crime, and exemption from the disclosure order or notification order.

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