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(영문) 부산지방법원 2014.01.08 2013고단6758
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2013, around 14:43, the Defendant committed an indecent act against the victim in a place where the victim C (the 16-year old-age-old 16) was placed ahead of the stairs going up from the platform of the 1458 Twit-dong, 1458 Seocheon-dong, Busan, in his/her own hands, with his/her left tunt trade at one time, and the public was concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes of a report on the occurrence of a crime, investigation report (c-tv video attachment);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order - No person who has rendered distinguished services to the State, who has been donated to the State as a person of distinguished services to the State, with the intention of having rendered distinguished services to the State: The defendant's age, character, health conditions, home environment, motive, means, means, results, etc. of the crime committed and the judgment of conviction against the defendant on each crime subject to registration of personal information, which are considered all of the criminal facts subject to registration in the records of this case, including the circumstances after the crime was committed, shall be 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc.

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