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(영문) 서울북부지방법원 2020.04.10 2019고단4632
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 August 19, 2019, the Defendant: (a) around 08:11, from the Hansung-ro, Seongbuk-gu, Seoul, to the Eastern Station located in Jongno-gu, Seoul, Jongno-gu, 308, the passenger car of the subway 4, the Defendant’s sexual flag was pushed ahead of the victim B (V, 49 years of age), and the victim’s knick with his hands.

Accordingly, the Defendant committed an indecent act against the victim on the electric car that is a concentrated means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Application of Acts and subordinate statutes to a investigative report (the attachment of a evidence, a video CD and a closure photograph);

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. Although the reason for sentencing under the main sentence of Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, it is not very good that the Defendant committed an indecent act against the victim at the same time and in the same time, even though he/she had been punished twice due to the same crime.

However, considering the favorable circumstances in which the defendant paid the agreed amount to the victim and agreed with the victim, the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records shall be determined as above in full view of various circumstances.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with 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

The defendant enters the military court due to the age of the defendant exempted from the disclosure order and notification order, social relation, risk of recidivism, disclosure of registered information on the defendant, or notification order.

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