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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3713
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

On August 3, 2016, the Defendant committed an indecent act on the part of the victim by putting the Defendant’s hand away from the Defendant’s arm’s length in the F metropolitan bus located in D in Sung-gu, Sungnam-si, G (V, 18 years old, Ga) of the victim G (hereinafter referred to as the “victim”), who was seated next to the Defendant’s arm’s length, and putting the Defendant’s hand back into the Defendant’s tear with the Defendant’s tear.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Application of the Act and subordinate statutes to a criminal report (fix a photograph of a black stuff image, a copy of a video CD);

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. Although Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant for the reason of sentencing one time, the punishment as ordered shall be determined by taking into account the following: (a) the confession and reflect of the Defendant; (b) the agreement with the victim; and (c) the Defendant’s age, health, sex, environment, motive and circumstance of the crime; and (d) the conditions of the punishment, such as the circumstances after the crime, etc.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.

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