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(영문) 수원지방법원 성남지원 2017.11.24 2017고단2677
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 25, 2017, the Defendant was driving on the street B in front of Sungnam-gu, Sungnam-si around 02:50

In C, while looking at the window of the window in a metropolitan bus, the victim D (soften, 24 years old) who was seated on the side of the passage was found, and the part of the victim's head was used on the hand floor several occasions, and the victim was indecently committed in the means of public transportation, such as breaking the head of the victim several times on the part of the defendant's ship.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the internal report (CCTV analysis);

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;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Defendant is an unfavorable circumstance to the Defendant that the Defendant did not receive a letter from the injured party on the grounds of sentencing.

However, considering the fact that the defendant is the first offender, the confession of the crime of this case, and the attitude of reflecting it, the degree of conduct is relatively heavy, the circumstances of Article 51 of the Criminal Act, the scope of the recommended punishment in the sentencing guidelines, etc., the punishment shall be determined like the order.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is subject to registration of personal information under 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 head of the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim, etc. shall be comprehensively considered.

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