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(영문) 서울중앙지방법원 2015.01.07 2014고단7548
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 08:00 on March 26, 2014, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) within the subway line 4 prior to the subway line, which operated between the Winter Station and the Culture Park Station in Jung-gu Seoul, Jung-gu, Seoul, the Defendant committed an indecent act against the victim in means of public transportation, such as talking about the victim’s side interest with one hand after the victim C (V, 19 years of age); and (b) holding the victim’s her son’s son with other hand.

2. At around 08:30 on September 26, 2014, the Defendant committed an indecent act against the victim in means of public transportation, such as restricting the victim’s her son’s her son’s son’s her son, in the subway 4 line that operated between the Eastern Station located in Jongno-gu Seoul Metropolitan Government Type 6, Jongno-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the police officer

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant is that the Defendant was punished by two times the same criminal records for the same offense, and the Defendant was indicted due to indecent act by compulsion, and that there was a record of being sentenced to dismissal of prosecution due to the victim’s cancellation of accusation, and that the two times indecent act of this case is against the same victim

In addition, the punishment as ordered shall be determined by comprehensively taking into account the degree of the instant indecent act, the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, disclosure order or notification order of personal information disclosure shall be disadvantageous to the defendant's entrance due to the defendant's age, occupation, risk of recidivism, motive of the crime of this case.

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