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(영문) 서울남부지방법원 2020.12.16 2020고단4868
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for 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 February 14, 2020, at around 18:40, the Defendant committed an indecent act against the victim at a place where the general public is concentrated, after the victim B (Gam) located in the subway line 2 located in Guro-gu Seoul Metropolitan City to the Guro digital group located in the Guro digital group.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements concerning B's legal statement of the defendant;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264 of May 19, 2020) and the selection of imprisonment with prison labor

1. Although Article 16(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities has a record of being sentenced to a fine once for the same crime, the fact that the defendant is led to confession and reflect; the victim does not want the punishment against the defendant; other favorable circumstances such as age, character and conduct, environment, motive and background of the crime; circumstances after the crime; methods and degree of indecent conduct; etc., the sentence shall be determined as per the order, taking into account all the factors of the punishment as ordered.

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

The age, occupation, criminal records, risk of recidivism, type of crime, motive, process, result and seriousness of crime of the defendant exempted from disclosure and notification order;

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