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(영문) 서울중앙지방법원 2021.01.27 2020고단8299
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

From around 17:40 on June 9, 2020 to 17:55 on the same day, the Defendant had the Defendant’s sexual organ in the front line, such as, within the subway 9 station basin of the high speed terminal station of the subway No. 9, which was located under 188 underground due to the distribution of the Seocho-gu Seoul Seocho-gu New Distribution, the Defendant had the Defendant’s sexual organ in front line from around 15 minutes to the backside of the salt hold located under 631 underground according to the Gangseo-gu Seoul Airport, Gangseo-gu, Seoul Airport.

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. A criminal investigation report (limited to images produced by a controlling police officer and images of the closures thereof);

1. Application of the Acts and subordinate statutes concerning visual closures;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's crime of sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the defendant is not good in light of the circumstances, contents, etc. of the crime, and the defendant did not receive an indictment from the injured party.

The defendant has been punished for a crime of the same kind on two occasions, but he/she has committed another crime again: Provided, That the defendant has committed a crime against his/her mistake while committing a crime.

The punishment as ordered shall be determined by taking into account the above circumstances and the Defendant’s age, sex and environment, the background and consequence of the crime, the circumstances after the crime, and other circumstances that form the conditions for sentencing as shown in the instant records and theories, such as the circumstances after the crime.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are sex offenses 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 such person is the head of a related agency in accordance with Article 43 of the Act on

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