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(영문) 서울북부지방법원 2018.02.08 2017고단5317
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 11. 21. 19:07 경 서울 용산구 동자동 43-205 소재 서울역에서 서울 서울 성북구 삼선교로 소재 한성 대입구역으로 운행하는 지하철 4호 선 전동차 내에서 그 옆에 서 있던 피해자 C( 가명, 여, 18세) 의 몸에 바짝 붙어 자신의 성기를 피해 자의 왼쪽 손과 왼쪽 허벅지 부위에 갖다 대고 약 10 분간 비볐다.

Ultimately, the Defendant committed an indecent act against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The Defendant has a record of being punished for a fine on one occasion for a crime such as bad nature of the crime and bad character of the crime; in a case where a conviction becomes final and conclusive for the crime in the judgment that is a sex offense subject to registration and submission of personal information, which is an initial agreement with the victim and must be registered, Article 42(1) of the Special Act on the Punishment, etc. of Sexual Crimes.

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