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(영문) 서울중앙지방법원 2019.09.18 2019고단1245
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2019, the Defendant: around 18:18, at the Gangnam-gu Seoul Metropolitan Government B subway 2 Line C, on the platform of 4-4 KNW C, on the victim D (inn, name), etc. boarding on the electric dynamic vehicle, and her chest and sexual flag, was pushed off with the Defendant’s chest and sexual flag, and then the victim’s left side 2 and 3 times with his left hand.

Accordingly, the Defendant committed an indecent act against the victim in means of public transportation, public performance and assembly places, other subway platforms and subways where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to a report on investigation (with regard to circumstances leading to control);

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

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

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Community Service Orders and Order to attend lectures;

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities provides interview and interview on the grounds of sentencing, and the degree of indecent conduct is not

On December 2019, the Defendant committed the instant crime even though he/she had been sentenced to a summary order of fines twice due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

However, the defendant.

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