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부산지방법원 2018.10.15 2018고단3356
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2018, around 20:05, the Defendant was boarding D passengers EF bus operated in the direction of Yongdo at the bus stops located in Busan Dong-gu, Busan.

On July 2, 2018, the Defendant: (a) around 20:30 on July 2, 2018, when the bus was in front of the “H” located in Young-gu G of Busan Metropolitan City, the Defendant left the next seat of the victim I (one name, half, and 16 years old) of the bus, why the bus returned to the rear end of the bus.

"At the end, the victim was seated above the victim's seat, and about 10 minutes of the victim's left her seat became the victim's her seat.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to record recording of I's statement;

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;

2. Article 62(1) of the Criminal Act of the suspended sentence (the fact that there is a record of being sentenced to the suspended sentence of imprisonment for a sex crime, and that there is no circumstantial reason after the crime, such as again going to the victim, etc., are disadvantageous.

However, in consideration of the fact that the above criminal records have been prior to a ten-year period, the execution of imprisonment shall be suspended, but the long-term protection observation and community service order shall be ordered in consideration of such unfavorable circumstances as above.

3. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to provide protection and attend lectures.

4. Comprehensively taking account of various circumstances such as the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, the instant disclosure order and notification order, and the benefits and effects expected by the employment restriction order, as well as the disadvantages and side effects therefrom, etc., the full view of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children’s Juveniles from Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) proviso (the proviso).

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