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(영문) 인천지방법원 부천지원 2021.02.17 2020고단2411
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 3, 2020, the Defendant was proceeding on February 23, 2020 with the steel 13 underground as a steel mountain field in the light view of the competition around 23:00. The Defendant was proceeding with the steel mountain basin in the protection of the digital complex in mountain.

Although the victim B (the life, 23 years old) was seated in and around the seat in the subway, the victim was able to sit on the right side of the victim, and the victim was able to write the side of the victim's right side, and the victim was able to do so in a densely-populated place.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTVs to the main surface of CCTVs in the police statement protocol against the defendant's legal statement B;

1. Selection of imprisonment with prison labor under Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning criminal facts

1. Article 16(2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence (amended by Act No. 1738, Nov. 26, 2019); Article 2 of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) main text of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, the reason for sentencing is likely to be criticized by repeating the same, even though the Defendant had been already punished as an indecent act

Nevertheless, it is not good that the Defendant denied the crime due to the fact that the victim might cover the name of the victim after the commission of the crime, or that it would cause the evidence to be presented.

The Defendant was unable to receive a letter from the injured party.

However, considering favorable circumstances, such as the fact that the defendant has no criminal record of a fine or heavier, and the fact that he/she has committed a crime at the latest, even if later, he/she shall be considered, and other conditions of various sentencing revealed in the records and trial process, such as the age, sex, and circumstances after the crime, shall be comprehensively considered, and the same sentence as the order shall be determined.

(2) the registration of personal information;

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