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(영문) 서울중앙지방법원 2019.10.18 2019고단4818
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2019, around 00:58, the Defendant: (a) 20:58, the Victim’s D (Ga name, female, and age 21) who was walking in the waiting room while walking in the waiting room in the waiting room of the Seoul Special Metropolitan City, in the direction of three exits from the waiting room of the subway No. 2 in the subway No. 2 in Seoul Special Metropolitan City.

Accordingly, the defendant committed an indecent act against the victim in the above waiting room, which is a place where the public is concentrated.

2. The Defendant, at the time, at the place specified in the preceding paragraph, continued to walk in the direction of three exits after the commission of the crime, and at the same time and place of the victim E (the victim, the her name, the her age 23 years old), who was going in the waiting room.

Accordingly, the defendant committed an indecent act against the victim in the above waiting room, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement of D, E, F, and G;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Where a conviction on the facts stated in the judgment on the registration and submission of personal information under Article 59-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is subject to registration of personal information under Article 42 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities; and Article 4

The defendant's age, occupation, risk of repeating a crime, motive, method of committing the crime in this case, seriousness of the crime, order of disclosure or disclosure of personal information.

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