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(영문) 서울중앙지방법원 2018.08.17 2018고단1831
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 26, 2018, at around 18:35, the Defendant committed an indecent act against the victim in the electric car where the victim C (V, 23 years old)’s body was sealed into the her body and her body in the rapid train, and the her body was sealed into the her body in a manner of rain, which is located in the high speed terminal station station of the Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, and the subway 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (Preparation and submission of a victim’s statement), investigation report (to take these images and to take a course);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse against Sexual Abuse of the Child Act, the defendant, for whom an employment restriction order was issued, has no right to institute a public prosecution on August 200, 200, a fine of one million won on August 2003, no right to institute a public prosecution on June 2008, a disposition of fine of two million won on April 2009, a disposition of non-right to institute a public prosecution on April 201, a decision of dismissal on September 201, a decision of dismissal on prosecution on April 11, 201, and two years of a suspended sentence on April 11, 2014.

However, the defendant's confession of the crime of this case, the defendant's payment of 5 million won to the victim, agreed to do so, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, motive and result of the crime, etc., shall be determined by taking into account all of the sentencing conditions shown in the arguments of this case.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

The age, occupation, risk of recidivism, motive for crime, result, and crime of the defendant exempted from the disclosure order and notification order.

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